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,--SS><v -^ 



OHIO 
SCHOOL LAWS 



IN FORCE MAY 15, 1912 



BASED ON THE GENERAL CODE OF OHIO 
AS AMENDED TO DATE. 



BLANK FORMS AND DIRECTIONS TO SERVE AS 

A GUIDE FOR SCHOOL OFFICERS 

AND TEACHERS. 



COMPUTED UNDER THE DIRECTION OF 

FRANK W. MILIvER, 

STATE COMMISSIONER OF COMMON SCHOOIvS. 



Columbus, Ohio 

The F. J. Heer Printing Co. 

1912 



(1 






SFP 11 10'? 



n 



PREFACE. 

This edition of the Ohio School Laws is issued in accordance with 
Sections 356 and 357 of the General Code of Ohio. 

It is the desire of this office to issue a sufficient number of copies 
so that not only the presidents and clerks of the boards of education may 
have them, but that all others sufficiently interested may be supplied. 

Frank W. Miller, 
Feb. 20, 1912. State Commissioner of Common Schools. 

3 



TABLE OF CONTENTS. 



PAGE 

Constitution of Ohio relating: to Public Schools 5 



PART FIRST— POLITICAL. 

Preliminary — 

Chapter 1. General Provisions 9 

Executive. 

Elective State Officers. 

Chapter 6. State Commissioner of Common Schools 11 

Judicial. 

Chapter 8. Juvenile Court 15 

Public School Districts. 

Chapter 1. Classification of Districts 29 

Chapter 2. City School Districts 34 

Chapter 3. Village School Districts 37 

Chapter 4. Township School Districts 38 

Chapter 5. Special School Districts 42 

Chapter 6. Boards of Education 47 

Chapter 7. Treasurer and Clerk : 56 

Public Elections 62 

PART SECOND- CIVIL. 

Limitation on Tax Rate 67 

Public Schools. 

Chapter 1. School Funds 73 

Chapter 2. School Houses and Libraries . . . . .^ 86 

Chapter 3. Schools and Attendance 96 

. Chapter 3a. Teaching of Agriculture 128 

Chapter 4. Compulsory Education 130 

Chapter 5. Reports 140 

Chapter 6. Enumeration 143 

Chapter 7. Examiners 14T 

Chapter 8. Teachers' Institutes 163 

Chapter 9. Teachers' Pensions 167 

Chapter 10. Normal Schools ' 172 

Chapter 11. Colleges and Universities 175 

Chapter 12. Schools Specially Endow^ed 197 

Private Corporations. 

Corporations not for Profit. 

Chapter 3. Educational 200 

Appendix. 

Forms and Instructions 219 

Index ,...•• 233 

(4) 



CONSTITUTION OF OHIO 

RELATING TO 

PUBLIC SCHOOLS. 



ARTICLE I. 



vmg 



Section 7. * * * Religion, morality and knowl- of the rights 

edge, however, being essential to good government, it shall '^l^^°^^^^^3'^^' 

be the duty of the general assembly to pass suitable laws religion and 

to protect every religious denomination in the peaceable "°* ^ ^^• 
enjoyment of its own mode of public worship, and to en- 
courage schools and the means of instruction. 

"The system of public education in Ohio is the creature of the Con- 
stitution and statutory laws of the state. It is left to the discretion of the 
general assembly, in the exercise of the general legislative power conferred 
upon it (Art. II, § 1), to determine what laws are 'suitable' to secure the 
organization and management of the contemplated_ system of common schools, 
without express restriction, except that 'no religious or other sect or sects 
shall ever have any exclusive right to, or control of, any part of the school 
funds of this state.' " 21 O. S., 198-205; Day, J. 

The compulsory education law comes within this section. 5 C. C, 645. 

ARTICLE II. 

Section 26. All laws of a general nature, shall have Laws ha 
a uniform operation throughout the state ; nor, shall any uniform 

1 1 IT 111 1 operation. 

act, except such as relates to public schools, be passed, 
to take effect upon the approval of any other authority 
than the general assembly, except, as otherwise provided 
in this Constitution. 

ARTICLE VI. 

Section i. The principal of all funds, arising from p^nfjg j^j. ^^^. 
the sale, or other disposition of lands, or other property, catjonai and 
granted or intrusted to this state for educational and poses. 
religious purposes, shall forever be preserved inviolate and 
undiminished; and, the income arising therefrom, shall 
be faithfully applied to the specific objects' of the original 
grant, or appropriations. 

Section 2. The general assembly shall make such school funds, 
provisions, by taxation, or otherwise, as, with the income 
arising from the school trust fund, will secure a thorough 
and efficient system of common schools throughout the ^ 
state; but no religious or other sect, or sects, shall ever 
have any exclusive right to, or control of, any part of 
the school funds of this state. 

Religious instruction, or the reading of the Bible in the public schools, 
is not required by the Constitution. The board of education have the sole 
management of the schools, and the courts cannot direct what instruction 
shall be given or what books read. 23 O. S., 211. 



6 CONSTITUTION OF OHIO RELATING TO PUBLIC SCHOOLS. 

A requirement of a board of education that the Bible be read in the 
schools as an opening exercise cannot be interfered with by the courts, and 
is not in violation of any constitutional rights. 1 N. P., 140, 

It is an unlawful diversion of the school funds of the state of Ohio for 
a board of education to authorize the teacliing of religion as a regular branch 
of study. Attorney General. 

ARTICLE XII. 

Taxation by SECTION 2. Laws shall be passecl, by taxing by a 

uniform rule, uniform rulc, all moneys, credits, investments in bonds, 
stocks, joint stock companies, or otherwise; and also all 
real and personal property, according to its true value in 
money; but burying grounds, public school houses, houses 
used exclusively for public worship, institutions of purely 
public charity, public property used exclusively for any 
public purpose, and personal property, to an amount not 
exceeding in value two hundred dollars, for each individ- 
ual, may, by general laws, be exempted from taxation ; but 
all such laws shall be subject to alteration or repeal; and 
the value of all property, so exempted, shall, from time to 
time, be ascertained and published, as may be directed 
by law. 

School property is not liable to assessment for street improvement; nor 
can a judgment be rendered against the board of education for the payment 
of the assessment out of its contingent fund. 48 O. S., 83. 

Sidewalk — School property not assessable for. 48 O. S., 87. 



PART FIRST 



POLITICAL. 



PRELIMINARY 



CHAPTER 1. 

GENERAT. PROVISIONS. 

INTERPRETATION OF STATUTES. 

Section q.'j. In the interpretation of parts first and interprctatic 
second, unless the context shows that another sense was ^^or^s!^'" 
intended, the word "bond" includes and "undertaking," and 
the word "undertaking" includes a "b'ond ;" "and" may 
be read "or," and "or" read "and," if the sense requires 
it ; words of the present include a future tense, in the 
masculine, include the feminine and neuter genders, and 
in the plural include the singular and in the singular in- 
clude the plural number ; but this enumeration shall not 
be construed to require a strict construction of other words 
in such parts, or in this code. (R. S. Sec. 23.) 

A construction which gives elfect to every section and clause must 
be favored. 1 O., 381, 385; 2 O., 395, 398; 17 O. S., 52, 68; 3 O., 187, 193; 
5 U., 147, 151. 

"A statute should be so construed that the several parts will not only- 
accord with the general intent of the legislature, but also harmonize with each 
other; and a construction of a particular clause, that will destroy or ren- 
der useless any other provision of the same statute, can not be correct." 
3 U., 187, 193; 2 O., 395, 398; 5 O., 48, 51. 

What IS plainly implied in a statute is as much a part of it as what is 
expressed. 50 O. S., 330. 

The ordinary and natural import of words consistent with the com- 
mon sense of the community is to be adopted in arriving at legislative intent. 
5 O., 65, 71; 25 O. S., 26, 28. 

In considering questions arising under the school legislation of the 
state, such construction should be placed upon its various enactments, and 
the several provisions thereof, as will give harmony to our educational 
system, and secure, as far as practicable, its equal benefits, and the reasonable 
facilities for the enjoyment to every locality. 21 O. S., 339. 

Penal statutes must be construed strictly, and cannot be extended by 
implication to cases not strictly within their terms. 20 O., T; 18 C, 11; 38 O. 
S., 659; 44 O. S., 347. 

While the opinion of the state commissioner of common schools cannot 
have the force of a judicial interpretation, it is of great force as the opinion 
of an eminent educator, who was at the head of the school system of the 
state, and presumably familiar with the necessities of the schools. 2 C. C., 
366; Stewart, J. 

\ 

FLAG, EMBLEM, COAT OF ARMS. 

Section 28. The flag of the state of Ohio shall be yiijciai iiag 
pennant shaped. It shall have three red and two white of state, 
horizontal stripes ; the union of the flag shall be seventeen 
five-pointed stars, white, in a blue triangular field, the base 
of which shall be the stafif end or vertical edge of the 
flag, and the apex of which shall be the center of the 
middle red stripe. The stars shall be grouped around a 
red disc superimposed upon a white circular "O." The 
proportional dimensions of the flag and of its various parts 
shall be according to the official design thereof on file in 
the office of the secretary of state. (95 v. 445.) 

(9) 



10 (iENERAL PROVISIONS. 

Floral emblem SECTION 29. The scarlct camatioii is hereby adopted 

of the state. ^g ^YiQ state flowei" of Ohio as a token of love and rev- 
erence for the memory of William McKinley. (97 v. 631.) 

Device of coat SECTION 30. The coat of arms of the state of Ohio 

t'he^st'^te" shall consist of the following device : A shield, in form, 

a circle; on it, in the foreground, on the right, a sheaf 
of wheat; on the left a bundle of seventeen arrows, both 
standing erect; in the background, and rising above the 
sheaf and arrows, a mountain range, over which shall ap- 
pear a rising sun. (R. S. Sec. 15.) 



EXECUTIVE 

ELECTIVE STATE OFFICERS 



CHAPTER 6. 

STATE COMMISSIONER OF COMMON SCHOOLS. 



Section 

352. State commissioner, term, office. 

353. Bond, amount, where deposited. 

354. Duties. 

355. School funds, supervision; reports. 

356. School laws, collation, distribution. 

357. Forms for reports, instructions. 

358. Arbor day manual. 

359. Private schools, reports required. 

360. Annual report to the governor, contents. 

361. School funds, fraudulent use of, investi- 

gation. 



Section 

362. Examiner, appointment, powers and du- 

ties. 

363. Duty of certain officers in such examina- 

tion. 

364. Report of examiner. 

365. Stenographer for examiner. 

366. Compensation and mileage of commis- 

sioner. 

367. Duty of judge and prosecuting attorney. 



Section 352. There shall be elected biennially a state commis- 
state commissioner of common schools who shall hold his mon^'^^^chooisr 
office for a term of two years, commencing on the second election and 
Monday of July following his election. He shall have an 
office in the state house, in which the books and papers 
pertaining to his office shall be kept. (R. S. Sec. 354.) 

oECTiON 353. Before entering upon the discharge of Bond. 
the duties of his office, the state commissioner of common 
schools shall give a bond to the state in the sim of five 
thousand dollars, with two or more sureties approved by 
the secretary of state, conditioned for the faithful dis- 
charge of the duties of his office. Such bond, with the 
approval of the secretary of state and the oath of office 
indorsed thereon, shall be deposited with the treasurer of 
state and kept in his office. (R. S. Sec. 355.) 

Section 354. The state commissioner of common Duties of c'om- 
schools shall give attendance at his office not less than ten missioner. 
months each year, except when absent on official duty. 
While holding such office he shall not perform the duties 
of teacher or superintendent of a public or private school, 
or be employed as teacher in a college or hold any other 
office or position of employment. Each year he shall visit 
each judicial district of the state, superintend and en- 
courage teachers' institutes, confer with boards of educa- 
tion and other school officers, visit schools and deliver 
lectures on topics calculated to subserve the interests of 
popular education. R. S. Sees. 356, 357.) 

The expenses of the state commissioner of common schools at a 
state school cornmissioners' meeting outside of his state can not be paid 
from the travelling expense fund of the state school commissioner. 

11 



12 



STATE COMMISSIONER OF COMMON SCHOOLS. 



Supervision of 
school funds 
and reports. 



Section 355. The state commissioner of common 
schools shall have such supervision of the , school funds 
of the state as is necessary to secure their safety and dis- 
tribution as provided by law. He may require of auditors 
and treasurers of counties, boards of education, clarks and 
treasurers of such boards, and other local school officers, 
copies of all reports made by them in pursuance of law. 
He may also require of such officers any other information 
he deems proper in relation to the condition and manage- 
ment of schools and school funds. (R. S. Sec. 358.) 



Distribution 
of school 
laws. 



Section 356. The state commissioner of common 
schools shall collate the laws relating to schools and teach- 
ers' institutes, provide and appendix of forms and instruc- 
tions for their execution, and cause as many copies 
thereof as may be necessary to be printed in a separate 
volume and distribute them among the counties of the 
state for the use of school officers. He may revise, re- 
publish and distribute such laws as often as changes are 
made in them which in his opinion are of sufficient im- 
portance to require it. (R. S. Sec. 360.) 

As to the force and effect of instructions printed in a book prepared 
in pursuance of this section, see 2 C. C, 366. 



Shall prescribe 
forms. 



Section 357. The state commissioner of common 
schools shall prescribe suitable forms and regulations for 
the reports and other proceedings required by the school 
laws, with such instructions for the organization and gov- 
ernment of schools as he deems necessary, and transmit 
them to the local school officers, who shall be governed 
therebv in the performance of their duties. (R. S. Sec. 
359-) ' 



Arbor day 
manual. 



Section 358. The state commissioner of common 
schools shall issue each year a manual for arbor day ex- 
ercises. The manual shall contain matters relating to for- 
estry and birds, including a copy of such laws relating to 
the protection of song and insectivorous birds as he deems 
proper. He shall transmit copies of the manual to the 
superintendents of city, village, special and township 
schools and to the clerks of boards of education, who shall 
cause them to be distributed among the teachers of the 
schools under their charge. On arbor day, and other days 
when convenient, the teachers shall cause such laws to be 
read to the scholars of their respective schools and shall 
encourage them to aid in the protection of such birds. 
(97 V. 470. § 14- ) 



Reports from 

private 

schools. 



Section 359. Each year the state commissioner of 
common schools shall require a report of the president, 
manager or principal of each seminary, academy or private 
school. The report shall be made upon blanks furnished by 
the commissioner and contain a statement of such facts as 



STATE COMMISSIONER OF COMMON SCHOOLS. 



13 



he prescribes. The president, manager or principal shall fill 
up and return the blanks within a time fixed by the com- 
missioner. (R. S. Sec. 363.) 

Section 360. The state commissioner of common Annual report 
schools shall make an annual report to the governor, which °jon°™™*^' 
shall contain a statement of the amount and condition of 
the funds and property appropriated for purposes of 
education; the number of common schools in the state, the 
number of scholars attending such schools, their sex and 
the branches taught; the number of private or select schools 
in the state so far as can be obtained, the number of 
scholars attending such schools, their sex and the branches 
taught; the number of teachers' institutes, the number of 
teachers attending them, the number of instructors and 
lecturers employed therein and the amount paid to each ; 
the estimates and accounts of expenditures of the public 
school funds, plans for the management and improvement 
of common schools, and such other information relative 
to the educational interests of the state as the commissioner 
deems important. (R. S. Sec. 361, 362.) 

Provisions for printing report, see Sec. 2268. 

As to the duty of county auditors in transmitting abstracts of school 
statistics to state commissioner of common schools, see Sec. 7789. 



Section 361. When three or more resident taxpay- 
ers of a school district have reason to believe that any 
portion of the school funds of the district has been un- 
lawfully expended or misapplied by the officers thereof, 
or that fraudulent entries have been made by an officer in 
the books, accounts, vouchers, or settlement sheets of the 
district, or that an officer has not made settlement of his 
account as required by law, they may make complaint 
thereof in writing, verify it by the affidavits of at least 
three such taxpayers, with the certificate of the auditor 
of the county that they are taxpayers attached, and file 
such complaint with the state commissioner of common 
schools. (R. S. Sec. 364.) 



Complaint of 
fraudulent 
use of school 
funds. 



and duties. 



Section 362. Upon the filing of the complaint, or Appointment 
when for other cause he deems it necessary, the state com- ^[^ qu^Hfka^' 
missioner of common schools shall appoint an examiner tions, powers 
to mvestigate the condition of the school funds of a dis- 
trict. The examiner shall be a trustworthy and compe- 
tent accountant and shall have authority to summon wit- 
nesses before him forthwith upon written notice and ex- 
amine them under oath administered by him. He shall 
be sworn by a person authorized by law to administer 
oaths, and shall forthwith visit the school district, take 
possession of the books, papers, vouchers and accounts 
thereof and begin such investigation. (R. S. Sees. 364, 
365.) 



14 



STATE COMMISSIONER OF COMMON SCHOOLS. 



Duty of cer- 
tain officers 
in case of 
examination. 



Report of 
examiners. 



Stenographer 
for examiner. 



Compensation 
and mileage 
of examiner. 



Duty of judge 
and prosecut- 
ing attorney. 



Section 363. On application of the examiner, the of- 
ficers of the school district shall immediately place in his 
possession the books, accounts, contracts, vouchers and 
other papers relating to the receipts and expenditures of 
the school funds. The auditor and treasurer of the county 
shall afford the examiner free access to the records, books, 
papers, vouchers and accounts of their respective offices 
relating to the subject of the investigation. (R. S. Sec. 
365-) 

Section 7,64. After completing an investigation, the 
examiner shall make a report in writing in duplicate show- 
ing the condition of the books, vouchers and accounts of the 
district, the amount of school funds received for all pur- 
poses and from what sources, the amount thereof expended 
and for what purposes and the amount in the treasury. The 
examiner shall file one copy of the report in the office of 
the clerk of the court of common pleas of the county in 
which the district is located, and transmit the other to the 
state commissioner of common schools. (R. S. Sec. 365.) 

Section 365. With the written consent of the pros- 
ecuting attorney or a judge of the court of common pleas 
of the county in which the school district is located, the 
examiner may require the services of the official court sten- 
ographer of the county to aid him in making such exam- 
ination ; but the stenographer shall receive no compensation 
for such service in addition to the compensation provided 
for him by law. (R. S. Sec. 364.) 

Section 366. The examiner shall receive five dollars 
for each day necessarily engaged in the performance of his 
duties and five cents for each mile of necessary travel not 
exceeding the distance from the seat of government to the 
school district. The compensation and mileage of the ex- 
aminer shall be paid from the county treasury upon the 
warrant of the county auditor. If the complaint or other 
cause be sustained, the amount so paid shall be assessed by 
the county auditor upon the taxable property of the school 
district and collected as other taxes. (R. S. Sec. 365.) . 

Section 367. A judge of the court of common pleas 
of the proper county shall examine the report of the ex- 
aminer filed with the clerk, and, if it appear therefrom that 
any part of the school funds has been unlawfully used or 
misapplied, or that there has been fraud in the entries, 
accounts, vouchers, contracts or settlements, or that the 
settlements have not been made as required by law ; or, 
if it appear therefrom that there has been defalcation or 
embezzlement by an officer of such district, he shall give 
the reports specially in charge to the grand jury at the term 
of court following the filing of the report. The prosecut- 
ing attorney of the county shall forthwith prosecute such 
proceedings, civil or criminal, or both, as are authorized by 
law, against the delinquent officer or officers. (R. S. Sec. 
366.) 



JUDICIAL 



CHAPTER 8. 

JUVENILE COURT. 



Section 

1639. What eourts to have powers and juris- 

diction. 

1640. Seal. 

1641. Appearance docket and journal. 

1642. Jurisdiction. 

1643. When jurisdiction terminates. 

1644. "Delinquent child" defined. 

1645. "Dependent child" defined. 

1646. "Proper parental care" defined. 

1647. Affidavit. 

1648. Citation, warrant, contempt. 

1649. Special room for juvenile court. 

1650. Hearing. 

1651. Jury trial; costs. 

1652. Judge may commit child to care of pro- 

bation officer, etc. 

1653. Judge may commit child to care of 

suitable person. 

1654. Aiding or abetting delinquency; penalty. 

1655. Failure or neglect to support; penalty. 

1656. Workhouse sentence, provisions in case 

of. 

1657. Commitment in county jail, etc. 

1658. Citation after hearing. 

1659. Transfer of case to juvenile judge. 

1660. Writs, to whom issued. 

1661. Expense, how paid. 



Section 

1662. Probation officers, appointment, compen- 

sation. 

1663. Duties and powers of probation officers. 

1664. Prosecuting attorney, duty of. 

1665. Bail. 

1666. Suspension of sentence. 

1667. Forfeit of bond. 

1668. Error proceedings. 

1669. Findings, not lawful evidence. 

1670. Detention home, how established and 

conducted. 

1671. Expenses of detention home. 

1672. Child becomes a ward, when. 

1673. May agree with incorporated institution 

for care of child. 

1674. Agent of certain institutions, duties of. 

1675. Board of state charities, duties of. 

1676. Articles of incorporation to be approved 

by board of state charities. 

1677. Associations of other states. 
167S. Penalty. 

1679. Religious belief. 

1680. How chapter construed as to industrial 

schools. 

1681. When child is charged with felony. 

1682. Fees and costs, how paid. 

1683. Chapter to be liberally construed. 



Section 1639. Courts of common pleas, probate what courts 
courts, and insolvency courts and superior courts, where g°s^^n| P°^s. 
established, shall have and exercise, concurrently, the pow- diction, 
ers and jurisdiction conferred in this chapter. The judges 
of such courts, at such times as they determine, shall des- 
ignate one of their number to transact the business arising 
under such jurisdiction. When the term of the judge so 
designated expires, or his office terminates, another des- 
ignation shall be made in like manner. (99 v. 192 §1.) 

Section 1640. The seal of the court, the judge of Seai. 
which is designated to transact such business, shall be at- 
tached to all writs and processes. (99 v. 192 § 2.) 

Section 1641. The clerk of the court of the judge ex- Appearance 
ercising the jurisdiction shall keep an appearance docket ^°^^^li'^^'^ 
and a journal, in the former of which shall be entered the 
style of the case and a minute of each proceeding and in the 
latter of which shall be entered all orders, judgments and 
findings of the court. (99 v. 192 § 3.) 

Section 1642. Such courts of common pleas, probate jurisdiction, 
courts, insolvency courts and superior courts within the 
provisions of this chapter shall have jurisdiction over and 

15 



i6 



JUVENILE COURT. 



When juris- 
diction ter- 
minates. 



"Delinquent 
child" de- 
fined. 



"Dependent 
child" de- 
fined. 



With respect to delinquent, neglected and dependent minors, 
under the age of seventeen years not inmates of a state in- 
stitution, or any institution incorporated under the laws of 
the state for the care and correction of delinquent, neglected 
and dependent children, and their parents, guardians, or 
any person, persons, corporation or agent of a corporation 
responsible for or guilty of causing, encouraging, aiding, 
abetting or contributing toward the delinquency, neglect or 
dependency of such minor. (99 v. 192 § 4.) 

Section 1643. When a child under the age of seven- 
teen years comes into the custody of the court under the 
provisions of this chapter, such child shall continue, for all 
necessary purposes of discipline and protection, a ward of 
the courts, until he or she attains the age of twenty-one 
years. The power of the court over such child shall con- 
tinue until the child attains such age. (99 v. 192 § 4.) 

Section 1644. For the purpose of this chapter, the 
Avords "delinquent child" includes any child under seven- 
teen years of age who violates a law of this state or city 
or village ordinance, or who is incorrigible; or who know- 
ingly associates with thieves, vicious or immoral persons ; 
or who is growing up in idleness or crime; or who know- 
ingly visits or enters a house of ill repute ; or who knowingly 
patronizes or visits a policy shop or place where any gam- 
bling device is, or shall be, operated ; or who patronizes 
or visits a saloon or dram shop where intoxicating liquors 
are sold; or who patronizes or visits a public pool or bil- 
liard room or bucket shop ; or who wanders about the 
streets in the night time ; or who wanders about railroad 
yards or tracks, or jumps or catches on to a moving tram, 
traction or street car, or enters a car or engine without 
lawful authority ; or who uses vile, obscene, vulgar, profane 
or indecent language; or who is guilty of immoral conduct; 
or who uses cigarettes ; or who visits or frequents any 
theater, gallery or penny arcade where lewd, vulgar or in- 
decent pictures are exhibited or displayed. A child com- 
mitting any of the acts herein mentioned shall be deemed 
a juvenile delinquent person, and be proceeded against in 
the manner hereinafter provided. (99 v. 192 § 5.) 

Section 1645. For the purpose of this chapter, the 
words "dependent child" shall mean any child under seven- 
teen years of age, who is dependent upon the public for 
support; or who is destitute, homeless or abandoned; or 
who has not proper parental care or guardianship ; or who 
begs or receives alms ; or who is found living in a house of 
ill fame, or with any vicious or disreputable persons ; or 
whose home, by reason of neglect, cruelty or depravity on 
the part of its parents, guardian or other person in whose 
care it may be, is an unfit place for such child; or whose 
environment is such as to warrant the state, in the interest 
of the child, in assuming its guardianship. (99 v. 193 § 6.) 



JUVENILE COURT. 



17 



Section 1646. A child within the provisions of this 
chapter whose parents or guardian permits it to use or be- 
come addicted to the use of tobacco, or intoxicating hquors 
as a beverage and not for medicinal purposes, or whose 
parents or guardian rears, keeps or permits it in or about 
a saloon or place where intoxicating liquors are sold, or a 
gambling house or place where gambling is praticed or 
carried on, or a house of ill fame or ill repute, shall be 
deemed to be without proper parental care or guardianship. 
The word "child" or "children" may mean one or more^ 
children and includes males and females. TJie Iword 
"parent" may mean one or both parents when consistent 
with the intent of this chapter. The word "minor" means 
child. (99 V. 193 § 6.) 



"Proper pa- 
rental care" 
defined. 



Section 1647. Any person having knowledge of a Affidavit, 
minor under the age of seventeen years who appears to be 
either a delinquent, neglected or dependent child, may file 
with the clerk of the court of the judge exercising the 
jurisdiction, an affidavit, setting forth the facts, which may 
be upon information and belief. (99 v. 193 § 7.) 

Section 1648. Upon filing of the affidavit, a citation citation, war- 
shall issue, requireing such minor to appear, and the person [g",'^'t'^°"' 
having custody or control of the child or with whom it 
may be, to appear with the minor, at a time and place to be 
stated in the citation; or the judge may in the first in- 
stance issue a warrant for the arrest of such minor or for 
any person named in the affidavit and charge therein 
with having abandoned, or charged therein with neglect of 
or being responsible for or having encouraged, aided or 
abetted the delinquency or dependency of such child. A 
parent, guardian, or other person not cited may be sub- 
poenaed to appear and testify at the hearing. Any one 
cited or subpoenaed to appear who fails to do so may be 
punished as in other cases in the common pleas court for 
contempt of court. When a person charged with violating 
a provision of this chapter shall have fled from justice in 
this state, such judge shall have all the powers of a mag- 
istrate under the laws of this state relating to fugitives from 
justice. (99 V. 193 § 8.) 

Section 1649. The county commissioners shall pro- special room 

vide a special room not used for the trial of criminal cases, for juvenile 

when avoidable, for the hearing of juvenile cases. (99 v. '^°"^ ' 
194 § 9-) 



Section 1650. On the day named in the citation or 
upon the return of the warrant of arrest, or as soon there- 
after as may be, the judge shall proceed, in a summary 
manner to hear and dispose of the case, and the person , 
arrested or cited to appear may be punished in the manner 
hereinafter provided. (99 v. 194 § 10.) 

2 s. I.. 



Hearing. 



i8 



JUVENILE COURT. 



Iiiry trial; 
costs. 



Section 165 i. A person charged with being re- 
sponsible for or with causing, aiding or contributing to the 
dehnquency, dependency or neglect of a child, arrested or 
cited to appear before such court, at any time before hear- 
ing, may demand a trial by jury, or the judge upon his own 
motion may call a jury. The statutes relating to the draw- 
ing and impaneling of jurors in criminal cases in the court 
of common pleas, other than in capital cases, shall apply to 
such jury trial. When a jury trial is demanded, or when 
ordered by him, the judge shall issue a precipe to the clerk 
of the common pleas court, who shall thereupon proceed to 
draw from the jury wheel, as in other criminal cases, and 
issue the venire to the sheriff of the county for the persons 
whose names are so drawn, who shall serve and return it 
as in other cases. The compensation of the jurors, and the 
costs of the clerk and sheriff shall be taxed and paid as in 
other criminal cases in the common pleas court. (99 v. 
194 § II.) 



Judge may_ 
commit child 
to care of 
probation of- 
ficer, etc. 



Section 1652. In case of a delinquent child the judge 
may continue the hearing from time to time, and may com- 
mit the child to the care or custody of a probation officer, 
and may allow such child to remain at its own home, subject 
to the visitation of the probation officer, and subject to be 
returned to the judge for further or other proceedings 
whenever such action may appear to be necessary ; or the 
judge may cause the child to be placed in a suitable family 
home, subject to the friendly supervision of a probation 
officer, and the further order of the judge, or he may 
authorize the child to be boarded in some suitable family 
home in case provision be made by voluntary contribution 
or otherwise for the payment of the board of such child, 
until suitable provision be made for it in a home without 
such payment; or the judge may commit such child, if a 
boy, to a training school for boys, or, if a girl, to an in- 
dustrial school for girls, or commit the child to any in- 
stitution within the county that may care for delinquent 
children, or be provided by a city or county suitable for 
the care of such children, or to the boys' industrial school, 
or where it appears upon the hearing that such delinquent 
child is sixteen years of age, or over, and has committed 
a felony, to the Ohio state reformatory ; or to any state 
institution which may be established for the care of delin- 
quent boys, or, if a girl over the age of nine years, to the 
girls' industrial home or to any state institution which may 
be established for the care of delinquent girls. In no case 
shall a child, committed to such institution be confined under 
such commitment after attaining the age of twenty-one 
years. A child committed to such institution shall be sub- 
ject to the control of the trustees thereof, who shall have 
pow%r to parole such child on such conditions as it may 
, prescribe, and, on the recommendation of the trustees, 
the superintendent shall have power to discharge such 



JUVENILE COURT. 



19 



child from custody; or the judge may commit the child to 
the care and custody of an association that will receive it, 
embracing in its objects the care of neglected or dependent . 
children, if duly accredited as hereinafter provided. (99 
V. 194 § 12.) 

Section 1653. When a minor under the age of seven- judge, may 
teen years is found to be dependent or neglected, the judge to™"re of'*''^ 
may make an order committing such child to the care of suitable per- 

•' . . . . - son. 

some suitable state or county mstitution, or to the care ot 
some reputable citizen of good moral character, or to the 
care of some training school or an industrial school, as 
provided by law, or to the care of some association will- 
ing to receive it, which embraces within its objects the pur- 
poses of carinf for or obtaining homes for dependent, 
neglected or delinquent children or any of them, and which 
has been accredited as hereinafter provided. When the 
health or condition of the child shall require it, the judge 
may cause the child to be placed in a public hospital or 
institution for treatment or special care, or in a private 
hospital or institution which will receive it for like purposes 
without charge. (99 v. 195 § 13.) 



Section 1653-1. That the provisions of section 1652 
shall not apply to the Girls' Industrial Home so far as 
the same allow the commitment of a child under ten years 
or over sixteen years of age to such institution, in no case 
shall a child found to be a dependent or neglected child be 
committed to such institution, nor shall any child under 
ten years or over sixteen years of age, be committed to the 
Girls' Industrial Home, except as provided in section 21 11 
of the General Code. 



Age limits. 



Section 1654. Whoever aids, abets, induces, causes, 
encourages or contributes toward the delinquency of a 
minor under the age of seventeen years, as herein defined, 
shall be fined not less than ten dollars nor more than one 
thousand dollars or imprisoned not less than ten days nor 
more than one year, or both. Each day of such contribu- 
tion to such delinquency shall be deemed a separate offense, 
if in hjs judgment it is for the best interest of a delinquent 
minor under the age of seventeen years, the judge may 
impose a fine upon such delinquent not exceeding ten dol- 
lars, and he may order such person to stand committed 
until fine and costs are paid. (99 v. 195 § 14.) 



Aiding or 
abetting de- 
linquency; 
penalty. 



Section i 654-1. When the judge of the probate court 
exercising jurisdiction in any criminal prosecution against 
any person under section 1654, except a delinquent minor, ^^ . 
has sentenced the accused, and said sentence has been re- reversal. 
versed by reviewing court on the filing of an affidavit by 
the accused or his attorney, setting forth the fact of such 
reversal, the said judge shall enter the fact of such filing 



20 



JUVENILE COURT. 



Entry. 



Trial; juc 
ment. 



Transcript. 



Time of filing 
affidavit. 



on the criminal record in such cause, and shall forthwith 
certify the original papers to the coiiimon pleas court of the 
county in which the same is pending, and thereupon said 
common pleas court shall try the same in the manner pro- 
vided for the trial of such cause in said probate court, and 
upon final judgment, the clerk shall deliver to the probate 
court from which they came, the original papers, and shall 
make and file therein an authenticated transcript of the 
orders, judgments and proceedings of said court of common 
pleas, and when said transcript is so filed, said orders, judg- 
ments and proceedings shall have the same effect and be 
recorded and enforced by said probate court as if the same 
were made and rendered by said probate court. The affidavit 
herein referred to shall be filed not less than three days 
prior to the time said cause is set for trial in said probate 
court, and, unless the accused consent, the same shall not 
be tried until he or his attorney shall have had at least four 
days notice of the time set for trial. 



Failure or 
neglect to 
support, pen- 
alty. 



Workhouse 
sentence, pro- 
visions in 
case of. 



Commitment 
to county 
jail, etc. 



Section 1655. Whoever is charged by law with the 
care, support, maintenance or education of a minor under 
the age of seventeen years, and is able to support or con- 
tribute toward the support or education of such minor, 
fails, neglects, or refuses so to do, or who abandons such 
minor shall be fined not less than ten dollars nor more than 
five hundred dollars, or imprisoned not less than ten days 
nor more than one year, or both. Such neglect, non-support 
or abandonment shall be deemed to have been committed 
in the county in which such minor may be at the time of 
such neglect, non-support or abandonment. Each day of 
such failure, neglect or refusal shall constitute a separate 
ofi^ense, and the judge may order that such person stand 
committed until such fines and costs are paid. (99 v. 
196 § I5-) 

Section 1656. When a person is convicted and sen- 
tenced under this chapter for the abandonment of or for 
the neglect of or failure to maintain or support a minor, 
to imprisonment in a workhouse, the county from which 
such prisoner is so sentenced, shall pay from the general 
revenue fund, forty cents, for each day such prisoner is 
so confined, to the chief probation officer of such county, 
to be by him expended, under the direction of the judge, 
for the maintenance of the dependent minors of such 
prisoner, of which expenditure such officer shall make 
monthly reports to the judge. The county commissioners 
of such county shall make the allowances herein provided 
for, which shall be paid by the county treasurer from the' 
county treasury upon the warrant of the county auditor 
in favor of such probation officer. (99 v. 196 § 16.) 

Section 1657. Pending final disposition of a case, the 
judge may commit any person arrested or cited to appear, 
except the minor under fourteen years of age, to the county 



JUVENILE COURT. 



21 



jail until the case is disposed of, but such trial shall be 
commenced Avithin four days of such commitment unless 
upon the request of the defendant. Pending final dis- 
position, the judge may direct that the minor in question 
be left in the possession of the person having charge of 
him, or that he be kept in some suitable place provided 
by the county or city authorities. (99 v. 196 § 17.) 

Section 1658. If it appear upon the hearing that 
any person not. cited to appear, has probably aided, induced, 
caused, encouraged, or contributed to the delinquency of 
a minor under the age of seventeen years, or that a person 
charged by law, with the care, support, education and main- 
tenance of any minor, has abandoned, failed, refused, or 
neglected, being able so to do, to support or sufficiently 
contribute toward the support, education and maintenance 
of such minor, the judge may order such person to be 
cited to appear at a subsequent day, or may issue a war- 
rant to arrest such person as hereinbefore provided, and up- 
on citation, warrant and hearing the same proceedings may 
be had as in the first instance. (99 v. 196 § 18.) 



Citation after 
hearing. 



Section 1659. When a minor, under the age of 
seventeen years, is arrested, such child, instead of being 
taken before a justice of the peace or police judge, shall 
be taken directly before such juvenile judge; or, if the 
child is taken before a justice of the peace or judge of 
police court, it shall be the duty of such justice of the 
peace or such judge of the police court, to transfer the case 
to the judge exercising the jurisdiction herein provided. 
The officers having such child in charge shall take it before 
such judge, who shall proceed to hear and dispose of the 
case in the same manner as if the child had been brought 
before the judge in the first instance. (99 v. 197 § 19.) 



Transfer of 
cases to juven- 
ile judge. 



Section 1660. The warrants, citations, subpoenas and 
other writs of such judge may issue to a probation officer of 
any such court or to the sheriff of any county, and the pro- 
visions of law relating to the subpcenaing of witnesses 
in criminal cases shall apply in so far as they are applicable. 
(99 V. 197 '§ 20.) 



Writs, to 

whom issued. 



Section 1661. When a warrant is issued to any such 
officer, the expense incurred in pursuing and bringing the 
person named therein before such judge shall be paid by the 
county in the manner prescribed by law for the payment of 
deputies, assitants and other employes of county officers. 
(99 V. 197 § 21.) 



Expense, how 
paid. 



Section 1662. The judge designated to exercise juris- 
diction may appoint one or more discreet persons of good 
moral character, one or more of whom may be women, 
to serve as probation officers, during the pleasure of the 
judge. One of such officers shall be known as chief pro- 



Probation of- 
ficers, appoint- 
ment, compen- 
sation. 



22 



JUVENILE COURT. 



bation officer and there may be first, second and third as- 
sistants. Such chief probation officer and the first, sec- 
ond and third assistants shall receive such compensation 
as the judge appointing them may designate at the time 
of the appointment, but the compensation of the chief pro- 
bation officer shall not exceed twenty-five hundred dollars 
per annum, that of the first assistant shall not exceed twelve 
hundred dollars per annum, and of the second and third 
shall not exceed one thousand dollars per annum, each 
payable monthly. The judge may appoint other probation 
officers, with or without compensation, but the entire com- 
pensation of all probation officers in any county shall not 
exceed the sum of forty dollars for each full thousand 
inhabitants of the county at the last federal census, and in 
no case shall the entire compensation of all probation 
officers in any county exceed the sum of seven thousand 
five hundred dollars. The compensation of the probation 
officers shall be paid by the county treasurer from the 
county treasury upon the warrant of the county auditor, 
which shall be issued upon itemized vouchers sworn to by 
the probation officers and certified to by the judge of the 
juvenile court. (99 v. 197 § 22.) 



Duties and 
powers of pro- 
bation officers. 



Section 1663. When a complaint is made or filed 
against a minor, the probation officer shall inquire into and 
make examination and investigation into the facts and 
circumstances surrounding the alleged delinquency, neglect, 
or dependency, the parentage and surroundings of such 
minor, his exact age, habits, school record, and every fact 
that will ten to throw light upon his life and character. 
He shall be present in court to represent the interests of 
the child when the case is heard, furnish to the judge 
such information and assistance as he may require, and 
take charge of any child before and after the trial as the 
judge may direct. He shall serve the warrants and other 
process of the court within or without the county, and in 
that respect is hereby clothed with the powers and authority 
of sheriffs. He may make arrests without warrant upon 
reasonable information or upon view of the violation of 
any of the provisions of this chapter, detain the person so 
arrested pending the issuance of a warrant, and perform 
such other duties, incident to their offices, as the judge 
directs. All sheriffs, deputy sheriffs, constables, marshals 
and police officers shall render assistance to probation of- 
ficers, in the performance of their duties, when requested 
so to do. (99 V. 198 § 23.) 



rrosecuting SECTION 1664. On the rcqucst of the judge exercis- 

attorney, duty iiig such jurisdiction, the prosecuting attorney of the county 
shall prosecute all persons charged with violating any of 
the provisions of this chapter. (99 v. 198 § 24.) 



Prosecutin 

att 

of. 



JUVENILE COURT. 



23 



Section 1665. The provisions of law relating to bail Bail, 
in criminal cases in the common pleas court shall apply 
to persons committed or held under the provisions of this 
chapter so far as they are applicable. (99 v. 198 § 25.) 

Section 1666. In ever}^ case of conviction and where Suspension 
imprisonment is imposed as part of the punishment, such °^ sentence. 
judge may suspend sentence upon such condition as he 
imposes. (99 v. 198 § 26.) 

Section 1667. When, as a condition of suspension of Forfeit of 
sentence, bond is required and given, upon the failure of ^°"^" 
a person giving such bond to comply with the terms and 
conditions thereof, such bond may be forfeited, the sus- 
pension terminated by the judge, the original sentence ex- 
ecuted as though it had not been suspended, and the term 
of any jail or workhouse sentence imposed in such case 
shall commence from the date of imprisonment ol such 
person after such forfeiture and termination of suspension. 
Any part of such sentence which may theretofore have been 
served, shall be deducted from any such period of impris- 
onment. (99 V. 198 § 27.) 

Section 1668. The provisions of law relating to error En-or pro- 
proceedings from the court of common pleas, including the feedings, 
allowance and signing of bills of exceptions shall apply 
•to prosecutions of persons over seventeen years ot age 
under this chapter, and from judgment of the judge in 
such prosecutions error may be prosecuted to the circuit 
court of the county under laws governing prosecutions of 
proceedings in error in other criminal cases, to such cir- 
cuit court. (99 V. 198 § 28.) 



Section 1669. The disposition of, or any order, judg- Findings, not 
ment, or finding against a child under this chapter, or any ]^^^^ ^''^- 
evidence, given in anv proceeding thereunder, shall not 
in any civil, criminal or other cause or proceeding whatever 
in any court, be lawful or proper evidence against such 
child for any purpose whatever, except in subsequent cases 
herein against the same child. (99 v. 199 § 29.) 

Section 1670. Upon the advice and recommendation Detention 
of the judge exercising the jurisdiction provided herein, t\°bTisiie'd an" 
the county commissioners may provide by purchase or conducted, 
lease, a place to be known as "detention home" within a 
convenient distance of the coiu't house, not used for the 
confinement of adult persons charged with criminal offenses, 
where delinquent, dependent or neglected minors under the 
age of seventeen years may be detained until final dispo- 
sition, which place shall be maintained by the county as in 
other like cases. In counties having a population in excess of 
forty thousand, the judge may appoint a superintendent and 
matron who shall have charge of such home, and of the 



24 



JUVENILE COURT. 



delinquent, dependent and neglected minors detained therein. 
Such superintendent and matron shall be suitable and dis- 
creet persons, qualified as teachers of children. Such home 
shall be furnished in a comfortable manner as nearly as 
ma}^ be as a family home. The compensation of the super- 
intendent and matron shall be fixed by the county com- 
missioners. Such compensation and the expense of main- 
taining the home shall be paid from the couiuy treasury 
upon the warrant of the county auditor, which shall be 
issued upon the itemized voucher, sworn to by the super- 
intendent and certified by the judge. (99 v. 199 § 30.) 



Expenses of 

detention 

heme. 



Section 1671. When such detention home is pro- 
vided by the county commissioners, and upon such home 
being recommended by the judge, the commissioners shall 
enter an order on their journal transferring to the proper 
fund from any other fund or funds of the county, in their 
discretion, such sums as may be necessary to purchase or 
lease such home and properly furnish and conduct it and 
pay the' compensation of the superintendent and matron. 
The commissioners shall likewise upon the. appointment of 
probation officers, transfer to the proper fund from any 
other fund or funds of the county, in their discretion, such 
sums as may be necessary to pay them, and such transfers 
shall be made upon the authority of this chapter. At the 
next tax levying period, provision shall be made for the 
expenses of the court. (99 v. 199 § 30.) 



Child becomes 
a ward, when. 



Section 1672. If the court awards a child to the 
care of an association or individual in accordance with these 
provisions, unless otherwise ordered, the child shall become 
a ward, and be subject to the guardianship of such associa- 
tion or individual. Such association or individual may piace 
such child in a family home, with or without indenture, 
and shall be made party to any proceedings for the legal 
adoption of the child, and may appear in any court where 
such proceedings are pending, and assent to such adoption. 
Such assent shall be sufficient to authorize the judge to 
enter the proper order or decree of adoption. Such guard- 
ianship shall not include the guardianship of any estate 
of the child. (99 v. 199 § 31.) 



May agree 
with incorpo- 
rated institu- 
tion for care 
of child. 



Section 1673. The parents, parent, guardian or other 
person or persons having the right to dispose of a depend- 
ent or neglected child may enter into an agreement with 
any association or institution, incorporated under any law 
of this state, which has been approved as herein provided, 
for the purpose of aiding, caring for or placing in homes 
such children, or for the surrender of such child to such 
association or institution, to be taken and cared for by such 
association or institution, or put into a family home. Such 
agreement may contain any and all proper stipulations to 
that end, and may authorize the association or institution, 



JUVENILE COURT. 

to appear in any proceeding for the legal adoption of such 
child, and consent to its adoption. The order of the judge 
made upon such consent shall be binding upon the child 
and its parents, guardian or other person, as if such person 
were personally in court and consented thereto, whether 
made party to the proceeding or not. (99 v. 200 § 32.) 



25 



Section 1674. The board of trustees of the boys' in- Agent of cer- 
dustrial school, and of the girls' industrial home, and the tfons,'"dudes 
managers of any other institution, to which juvenile delin- of. 
quents may be committed, may, each, maintain an agent 
of such institution, who shall examine the home of chil- 
dren paroled for the purpose of reporting to such trustees 
or managers whether they are suitable homes, and assist 
children paroled or discharged from such institution in 
finding suitable employment, and maintain a friendly super- 
vision over paroled inmates. Such agents shall hold office 
subject to the pleasure of the board making the appoint- 
ment and shall receive such compensation as the board 
may determine from funds appropriated for such institu- 
tion applicable thereto. (99 v. 200 § 33.) 

Section 1675. All associations receiving children here- Board of state 
under shall be subject to the same visitation, inspection ^^g'^of*^^' *^"" 
and supervision by the board of state charities as are the 
public charitable institutions of the state. Such board shall 
annually pass upon the fitness of every such association as 
receives, or desires to receive, children under the provision 
of this chapter. Annually at such time as the board shall 
direct, each such association shall make a report, snowing 
its condition, management and competency, adequately to 
care for such children as are, or may be committed to it, 
and such other facts as the board requires. When the 
board is satisfied as to the care given such children, it 
shall issue to the association a certificate to that effect, 
which shall continue in force for one year unless sooner 
revoked by the board. No child shall be committed to 
an association which has not received such certificate within 
fifteen months next preceding the commitment. At any 
time, the judge may require from an association receiving 
or desiring so to receive children such reports, information 
and statements as he deems proper and necessary. He may 
at any time require from an association or institution, re- 
ports, information or statements concerning any child or 
children committed to it by him under the provisions of 
this chapter. (99 v. 200 § 34.) 



Section 1676. No association whose objects may em- Articles of 

brace the care of dependent, neglected or delinquent chil- toTe^ap^*'°" 

dren shall hereafter be incorporated unless the proposed ar- iiroved by 

tides of incorporation shall have been submitted first to charitie°s. 
the board of state charities. The secretary of state shall 
not issue a certificate of incorporation unless there shall 



26 



JUVENILE COURT. 



first be filed in his office the certificate of the secretary of 
the board of state charities that he has examined the 
articles of incorporation, and that in his judgment the 
incorporators are reputable and respectable persons, that 
the proposed work is needed, and the incorporation of 
such association is desirable and for the public good. 
Amendments proposed to the articles of incorporation of 
any such association shall be submitted in like manner to 
the board of state charities, and the secretary of state shall 
not record such amendment or issue his certificate therefor 
unless there shall first be filed in his office the certificate 
of the secretary of the board of state charities that he has 
examined such amendment, that the association in question 
is, in his judgment, performing in good faith the works 
undertaken by it, and that such amendment is, in his 
judgment, a proper one, and for the public good. (99 v. 
201 § 35-) 



Associations 
of other 
states. 



Section 1677. No association, incorporated under the 
laws of any other state, shall place a child in a family 
home within the boundaries of this state, either with or 
without indenture or for adoption, unless such association 
shall have furnished the state board of charities with such 
guaranty as it may require that no child having a contagious 
disease, deformity, feeble mind or vicious character, shall 
be brought into the state by such association or its agents, 
and that such association will promptly receive and remove 
from the state a child brought into the state by its agents, 
which shall become a public charge within the period of 
five years thereafter. (99 v. 201 § 36.) 



Penalty. 



Section 1678. Whoever shall place in a home or 
receive to be placed in a home a child in behalf of any 
association incorporated in any other state which has not 
complied with the requirements of this chapter shall be 
imprisoned in the county jail not more than thirty days, or 
fined not less than five dollars or more than one hundred 
dollars, or both, in the discretion of the judge. (99 v. 201 
§ 3^-) 



Religious be- 
lief. 



Section 1679. The judge in committing children shall 
place them, so far as practicable, in the care and custody 
of an individual holding the same religious belief as such 
child or its parents, or with some association which is con- 
trolled by persons of like religious faith as such child or 
its parents. (99 v. 202 § 37.) 



TTovv chapter 
construed as 
to industrial 
schools. 



When child is 
charged with 
felony. 



Section 1680. Nothing herein shall be construed to 
repeal any provision of law relating to the boys' industrial 
school or the girls' industrial home. (99 v. 202 § 38.) 

Section 1681. When any information or complaint 
shall be filed against a delinquent child under these pro- 
visions, charging him with felony, the judge may order 



JUVENILE COURT. 



27 



Fees and 



such child to enter into a recognizance, with good and 
sufficient surety, in such amount as he deems reasonable, 
for his appearance before the court of common pleas at 
the next term thereof. The same proceedings shall be had 
thereafter upon such complaint as now authorized by law 
for the indictment, trial, judgment and sentence of any 
other person charged with a felony. (99 v. 202 § 39.) 

Section 1682. Fees and costs in all such cases with 
such sums as are necessary for the incidental expenses of costs, how 
the court and its officers, and the costs of transportation of ^^^ 
children to places to which they have been committed, shall 
be paid from the county treasury upon itemized vouchers, 
certified to by the judge of the court. (99 v. 202 § 40.) 

Section 1683. This chapter shall be liberally con- chapter to be 
strued to the end that proper guardianship may be pro- g^'^^^g^'^' '^°^' 
vided for the child, in order that it may be educated and 
cared for, as far as practicable in such manner as best 
subserves its moral and physical welfare, and that, as far 
as practicable in proper cases, the parent, parents, or guar- 
dian of such child may be compelled to perform their 
moral and legal duty in the interest of the child. (99 
v. 202 § 40.) 



Section 1683-1. The judge designated to transact the 
business arising under the jurisdiction conferred in this 
chapter shall have jurisdiction of all misdemeanors against 
minors, and of offenses prescribed in sections nine hundred 
and twenty-eight, six thousand three hundred and forty- 
four, six thousand three hundred and forty-five, six thou- 
sand three hundred and seventy-three, twelve thousand six 
hundred and sixty-four, twelve thousand six hundred and 
sixty-six, twelve thousand seven hundred and eighty-seven, 
thirteen thousand and thirty-one, thirteen thousand and 
thirty-five, and thirteen thousand and thirty-eight. In all 
such cases any person may file with the clerk of the judge 
exercising the jurisdiction an affidavit, setting forth briefly, 
in plain and ordinary language, the charges against the ac- 
cused, and he shall be tried thereon, and in such prosecu- 
tions an indictment by the grand jury or information by 
the prosecuting attorney shall not be required.. The judge 
shall forthwith issue his warrant for the arrest of the ac- 
cused, who, when arrested, shall be taken before said judge, 
and tried according to the provisions of this chapter, and, 
if found guilty, shall be punished in the manner provided 
for by law. 

Section 3963. No charge shall be made by the direc- 
tor of public service in cities, or by the board of trustees of 
public affairs in villages, for supplying water for extinguish- 
ing fires, cleaning fire apparatus, or for furnishing or sup- 
plying connections with fire hydrants, and keeping them 
in repair for fire department purposes, the cleaning of 



Jurisdiction. 



Water supply- 
free for cer- 
tain purposes. 



28 JUVENILE COURT. 

market houses, the use of any public building- belonging 
to the corporation, or any hospital, asylum, or other chari- 
table institutions, devoted to the relief of the poor, aged, 
infirm or destitute persons, or orphan or delinquent children, 
or for the use of public school buildings ; but, in any case 
where the said school building, or buildings, are situated 
within a village or cities, and the boundaries of the school 
district include territory not within the boundaries of the 
village or cities in which said building, or buildings, are 
located, then the directors of such school district shall 
pay the village or cities for the water furnished for said 
building or buildings. 

\\'here the school building is situated within a city, the school district 
of which includes territory attached to it for school purposes, the director of 
such district shall pay the city for the water furnished to the school building. 



PUBLIC SCHOOL DISTRICTS 



CHAPTER I 
CHAPTER 2 
CHAPTER 3 
CHAPTER 4, 
CHAPTER 
CHAPTER . 
CHAPTER 7 



Classification of Districts. 
City School Districts. 
Village School Districts. 
Township School Districts. 
Special School Districts. 
Boards of Education. 
Treasurer and Clerk. 



CHAPTER 1. 



CLASSIFICATION OF DISTRICTS. 



Section 

4679. School districts classified. 

City school districts. 

Village school districts. 

Village with less than one hundred 
thousand tax valuation. 

Township school districts. 

Special school district. 

Territory must be contiguous. 



4680. 
4681. 
4682. 



4684. 
4685. 



advancement and reduction. 

36. Change of classification upon advance- 
ment or reduction. 

17. School district in newly created munici- 
pality. 

B8. School district in villages upon sur- 
render of corporate powers. 

i9. Disposal of property in such cases. 



ANNEXATION. 
Section 

4690. Annexation of territory to city or vil- 

lage. 

4691. Attaching village territory. 



TRANSFER OF TERRITORY. 

4692. Transfer of territory from one school 

district to another. 

4693. Transfer of territory on petition. 

4694. Notice of hearing. 

4695. Judgment and costs. 

4696. Apportionment of funds or indebtedness 

when territory is transferred. 

4697. Territory situated in two or more 

counties. 



Section 4679. The school districts of the state shall school dis- 
be styled, respectively, city school districts, village school ^^J*^ '=^^^^'- 
districts, township school districts and special school dis- 
tricts. (R. S. Sec. 3885.) 

'Common school districts and boards of education are not corporations 
within the meaning of § 1, Art. XIII, of the Constitution. 38 O. S., 54. 
Special districts; see 46 O. S., 275. 

Section 4680. Each city, together with the territory city school 
atached to it for school purposes, and excluding the ter- districts, 
ritory within its corporate limits detached for school pur- 
poses, shall constitute a city school district. (R. S. Sec. 
3886.) 

Section 4681. Each village, together with the ter- village school 
ritory attached to it for school purposes, and excluding the district, 
territory within its corporate limits detached for school pur- 
poses, and having in the district thus formed a total tax 
valuation of not less than one hundred thousand dollars, 
shall constitute a village school district. (R. S. Sec. 3888.) 

The board of education of a township established a central or high 
school and located it in a sub-district. The territory comprised in the sub- 

29 



30 



CLASSIFICATION OF DISTRICTS. 



district after tlie establisliment of the central high school, and before the 
act of May 1, 1873, was formed into an incorporated village; held, that the 
property 9f the central or high school and the management of the school did 
not, by virtue of said last mentioned act, pass to the board of education of 
the village. 41 O. S., 680. 

A village on attaining a total tax valuation of not less than one 
hundred thousand dollars, in the fact itself, constitutes a village school 
district. 

Village, with Section 4682. A village, together with the territory 

i"ndred\hou- attached to it for school purposes, and excluding the ter- 
sand tax va^ ritory within its corporate limits detached for school pur- 
viiiage school poscs, with a tax valuation of less than one hundred 
district. thousand dollars, shall not constitute a village school 

Vote to organ- district, but the proposition to dissolve or organize such 
schooi'dfstrict. village school district shall be submitted by the board of 
education to the electors of such village at any general or 
a special election called for that purpose, and be so deter- 
mined by a majority vote of such electors. 



Township 
school dis- 
tiictfr. 



Section 4683. Each civil township, together with the 
territory attached to it for school purposes, and excluding 
the territory within its established limits detached for 
school purposes, shall constitute a township school district. 
(R. S. Sec. 3890.) 



Special school SECTION 4684. Any school district, other than a city, 

village or township school district, and any school district 
organized under the provisions of chapter five of this title, 
shall constitute a special school district. (R. S. Sec. 3891.) 

The formation of a special school district from territory within the limits 
of a township, by special act, is in conflict with Sec. 26, Art. II, of the Con- 
stitution. 73 O. S., 54; 46 O. S., 275; 38 O. S., 54. 

Territory must SECTION 4685. The territory included within the 

be contiguous. ]joundaries of a city, village or special school district shall 
be contiguous. (R. S. Sec. 3892.) 

In regard to a change in sub-districts, see Sec. 4716. 

A sub-district is not a school district within the meaning of the law. 



Change of 
classification 
upon advance- 
ment or redu(5- 
tion. 



Advancement and Reduction. 

Section 4686. When a village is advanced to a city, 
the village school district shall thereby become a city school 
district. When a city is reduced to a village, the city 
school district shall thereby become a village school dis- 
trict. The members of the board of education in village 
school districts that are advanced to city school districts, 
and in city school districts that are reduced to village school 
districts shall continue in office until succeeded by the 
members of the board of education of the new district, 
who shall be elected at the next succeeding annual elec- 
tion for school board members. (R. S. Sec. 3889.) 

The successors of the members of the village board of education are 
to be elected at the next annual election for school board members. 

Certificates granted by county boards of examiners will be sufficient 
for teachers in villages that became cities at the last census, until the city 
board organizes. 

The employment of a superintendent last May _ for a term of_ four 
years by a village board of education is without authority in law, and is not 
binding upon the members of the city board of education to be elected. 



CLASSIFICATION OF DISTRICTS. ' 3 1 

Section 4687. Upon the creation of a village, it shall schooi district 
thereby become a village school district, as herein pro- cre^tl^'j^nunid- 
vided, and, if the territory of such village previous to its paiity. 
creation was included within the boundaries of a special 
school district and such special school district included 
more territory than is included within the village, such 
territory shall thereby be attached to such village school 
district for school purposes. (R. S. Sec. 3889.) 

Section 4688. When a village surrenders its cor- schooi district 
porate powers or dissolves a village school district, as „" ^'"gfrren- 
herein provided, the village school district shall be thereby der of corpo- 
abolished and the territory formerly constituting such vil- '^ ^ powers, 
lage district shall become a part of the township school 
district or districts of the civil township or townships in 
which it is situated, and all school property shall pass to 
and become vested in the township board of education of 
the civil township in which it is situated. (R. S. Sec. 
3889.) 

Section 4689. The provisions of law relating to the Disposal of 
power to settle claims, dispose of property or levy and such^c^ses" 
collect taxes to pay existing obligations of a village that 
has surrendered its corporate powers, shall also apply to 
such village school district and the board of education 
thereof. If such village school district is situated in two 
or more townships, any distribution of funds shall be 
made in proportion to the total tax valuation of the prop- 
erty situated in the several townships. (R. S. Sec. 3889.) 

annexation. 

Section 4690. When territory is annexed to a city Annexation of 
or village, such territory thereby becomes a part of the *jf"*jj°'^^;Jf 
city or village school district, and the legal title to school " ^ °'" ^' ^^^" 
property in such territory for school purposes shall remain 
vested in the board of education of the school district from 
which such territory was detached, until such time as may 
be agreed upon by the several boards of education when 
such property may be transferred by warranty deed. In 
case of disagreement between such boards of education, 
like proceedings shall be had by application to the probate 
court as are provided by law in cas.e of the transfer of 
property from one school district to another. (R. S. Sec. 
3893-) 

Section 4691. When territory located within the cor- Attaching vii- 
porate limits of a village is attached for school purposes '^^e territory, 
to a district other than the village school district, and the 
boards of education of the districts are unable to agree as 
to the transfer of such territory, the board of education of 
the village school district may file a petition in the pro- 
bate court, asking for the transfer of territory within the 



32 



CLASSIFICATION OF DISTRICTS. 

corporate limits of the village, and the probate court shall 
have the same jurisdiction and powers as are provided by 
the preceding section in case of disagreement between 
boards. (R. S. Sec. 3893.) 



othtr. 



TRANSFER OF TERRITORY. 

Transfer of Section 4692. Any school district or a part thereof 

on"'sdfoo^'^°dTs- "^^y ^e transferred to an adjoining school district by the 
trict to an- mutual consent of the boards of education having control of 
such districts. To secure such consent, it shall be necessary 
for each of the boards to pass a resolution indicating the 
action taken and definitely describing the territory to be 
transferred. The passage of such resolution shall require 
a majority vote of the full membership of each board by 
a yea and nay vote, and the vote of each member shall be 
entered on the records of such boards. Such transfer shall 
not take effect until a map, showing the boundaries of the 
territory transferred, is placed upon the records of such 
boards and copies of the resolution certified to the presi- 
dent and clerk of each board together with a copy of such 
map are filed with the auditor or auditors of the county 
or counties in which such transferred territory is situated. 
(R. S. Sec. 3894.) 



Transfer of 
territory on 
petition. 



Section 4693. Territory may also be transferred from 
one school district to another as follows : A petition, 
signed by not less than one-half of the qualified male 
citizens who are electors, residing in the territory sought 
to be transferred and accompanied by a correct map of the 
territory, shall be filed with the clerks of the boards of 
education interested. If such boards of education fail or 
refuse to transfer such territory by mutual consent, as 
herein provided, within sixty days from the filing of the 
petition and map, the petitioner shall file a copy of the 
petition and map in the probate court of the county in 
which the territory is situated, or, if it be situated in two 
or more counties, in the probate court of the county con- 
taining the largest proportionate share of the territory to 
be transferred. The petitioners shall give satisfactory se- 
curity for the costs in the sum of one hundred dollars, 
conditioned that they will pay all the costs in case the trans- 
fer is not granted. (R. S. Sec. 3895.) 



Notice of 
hearing. 



Section 4694. Thereupon the probate judge shall fix 
a day for the hearing of the petition and cause to be 
published for four consecutive weeks in two newspapers 
of opposite politics printed and of general circulation in 
the county, a notice of the filing of the petition and of the 
time of the hearing. He' shall also notify the clerks of 
the boards of education interested of the filing of the peti- 
tion and the time of hearing. (R. S. Sec. 3895.) 



CLASSIFICATION OF DISTRICTS. 



3^ 



Section 4695. The probate judge may hear and de- judgment 
termine the case and give judgment for or against such and costs, 
transfer, and his judgment shall be final. In case the find- 
ing is against the transfer, judgm.ent shall be rendered 
against the petitioners for the costs of the proceedings. 
If the finding is for the transfer, judgment shall be ren- 
dered against each of the boards of education interested 
for one-half of the costs or, if more than two boards are 
interested, judgment shall be rendered against each for its 
equal proportionate share of the costs. A certified copy of 
the findings of the court, together with a copy of the map 
of the territory transferred shall be filed by the probate 
judge in the office of the county auditor. (R. S. Sec. 
3895-) 



When territory is so transferred from Apportionment 

of funds or 
indebtedness 
when territory 
is transferred. 



Section 4696. 
one school district to another, the equitable division of 
funds or indebtedness shall be determined upon at the 
time of the transfer. When territory is transferred from 
one district to another by proceedings in the probate court 
or by the annexation of territory to a city or village, the 
proper division of funds in the treasury, or in process of 
collection, of the board of education of the school district 
from which the territory is detached, shall, upon appli- 
cation to the probate court of the county in which such 
territory is situated by either board of education interested, 
be determined and ordered by such court. If such board 
of education is indebted, such indebtedness, together with 
the proper amount of money to be paid to such board by 
the board of education of the school district to which the 
territory is transferred, annexed, or of the district created, 
shall be in like manner determined and ordered by the 
court. (R. S. Sec. 3896.) 

Section 4697. If the territory is situated in two or Territory sit- 
more counties, the application and proceedings shall be "^*^1 '" *^° 
11-1 1 1-1 •• I*" ™°re 

had m the probate court of the county contaming the counties. 

largest proportionate share of the transferred territory. 
The findings of the probate court shall be final. (R. S. 
Sec. 3896.) 



3 s. t. 



CHAPTER 2. 
CITY SCHOOL DISTRICTS. 



Section 

1698. Board in districts of less than fifty 
thousand population. 

<699. Board in districts containing fifty thous- 
and or over. 

4700. Board shall fix number of members and 

subdistricts; boundaries. 

4701. Decennial redistricting; when school 

commissioner may act. 



Section 

4702. Terms and members in subdistricts. 

4703. Terms of members elected at large. 

4704. Qualiiications of members; removal. 

4705. When number of members may be 

changed; when election held. 

4706. Assignment of territory attached to city. 

4707. Redistricting shall not affect existing 

boards. 



Board in dis- 
tricts of less 
than fifty 
thousand 
population. 



Section 4698. In city school districts which at the 
last federal census contained a population of less than 
fifty thousand persons, the board of education shall consist 
of not less than three members nor more than seven mem- 
bers, elected at large by the qualified electors of such 
districts. (R. S. Sec, 3897.) 



Board in dis- 
tricts contain- 
ing fifty 
thousand or 
over. 



Section 4699. In city school district which at the 
last federal census contained a population of fifty thousand 
persons or over, the board of education shall consist of 
not less than two members nor more than seven members, 
elected at large by the qualified electors of the school dis- 
trict and of not less than two members nor more than 
thirty members elected from subdistricts by the qualified 
electors of their respective subdistricts. (R, S. Sec. 3897.) 



Board shall 
fix number of 
members and 
subdistricts; 
boundaries. 



Section 4700. The board of education in each city 
school district, by resolution, shall fix within the limits so 
prescribed the number of members of the board of edu- 
cation, to be elected at large, and the number of members 
of the board to be elected by city districts. At the same 
time, the board shall subdivide such city school district 
into subdivisions equal in number to the number of mem- 
bers of the board of education in the district, who are to 
be elected from subdistricts therein so established. Such 
subdistricts shall be bounded, as far as practicable, by 
corporation lines, streets, alleys, avenues, public grounds, 
canals, water courses, ward boundaries, voting precinct 
boundaries, or present school district boundaries, and shall 
be as nearly equal in population as possible and be com- 
posed of adjacent and as compact territory as practicable. 
The lines of such subdistricts so fixed shall not be changed 
until after each succeeding federal census. (R. S. Sec. 
38970 

The board of education of a village school district, which by reason 
of said village being advanced to a city, continues to act as the board of 
education of the city school district, shall decide the number of members 
which shall compose the city board of education. 

84 



CITY SCHOOL DISTRICTS. 



35 



Section 4701. Within three months after the official Decennial 
announcement of the result of each succeeding federal redistricting; 
census, the board of education of each such city school commissioner 
districts shall redistrict such district into subdistricts in '"^^ *'^*' 
accordance with the provisions of this chapter. If the 
board of education of any such district fails to district 
or re-district such city school district, as herein required, 
then upon application of the president of the board of edu- 
cation, the state commissioner of common schools shall 
forthwith district or re-district such city school district, sub- 
ject to the requirements of this chapter. (R. S. Sec. 3897.) 



Terms of 
members in 
subdistrict. 



Section 4702. Such school districts shall be num- 
bered from one up, consecutively. At the first election for 
members of the board of education, the members to be 
elected to the board of education from subdistricts of odd 
numbers, beginning with one, shall be elected for two years, 
and those elected from subdistricts of even numbers shall 
be elected for four years, and at the expiration of their re- 
spective terms, their successors shall be elected for a term 
of four years. (R. S. Sec. 3897.) 

Section 4703. In city school districts, at the first elec- Terms of 
tion, all members of the board of education at large shall members 
be elected for terms as follows : "If there are but two mem- large, 
bers of the board of education elected at large, one shall be 
elected for two years and one for four years. If there are 
more than two, and the number thereof is divisible by two, 
the one-half of such board shall be elected for two years 
and one-half for four years, but, if the whole number of 
members elected at large is not divisible by two, the num- 
ber to be elected for two years shall be the quotient ob- 
tained by dividing the whole number to be elected at large 
less one by two, and the remaining members shall be elected 
for four years. At the expiration of their respective terms, 
their successors shall be elected for four years. (R. S. Sec, 

3897.) 



Qualifications 
of members 
removal. 



Section 4704. Members elected at large must be elec- 
tors of the city school district, and members elected from 
subdistricts must be electors of the city subdistricts from 
which they are chosen or of the territory attached to the 
subdistrict for school purposes. A removal of a member 
of the board from such subdistrict, territory or city school 
district shall vacate his office. (R, S. Sec. 3897.) 

Section 4705, The number of members of any such ^^^^ number 
board of education shall not be changed, except at the time of members 
of the redistricting herein provided for within three months whe^if election 
after the official announcement of the result of the federal '**^^- 
census. All members of the board of education of the 
city school districts shall be elected at the same time as 
municipal officers are elected and in the manner provided 
by law. (R. S. Sec. 3897.) 



36 



CITY SCHOOL DISTRICTS. 



Assignment of 
attached ter- 
ritory to 
city. 



Redistricting 
shall not af- 
fect existing 
boards. 



Section 4706. When territory is attached to a city 
district for school purposes, the board of education shall 
assign such territory to the subdistrict or subdistricts ad- 
joining it, and a map, showing such assignment, shall be 
made a part of the record of the board. The electors re- 
siding in such attached territory shall be entitled to vote 
for school officers and on all school questions in the sub- 
district to which they are assigned and in the election pre- 
cinct nearest their residence. If the board of education 
fails to perform this duty, the electors residing in such 
attached territory may vote in the subdistrict and precinct 
nearest their residence. An elector residing in the city and 
not in the city school district shall not be entitled to vote 
in the city school district. (R. S. Sec. 3898.} 

Section 4707. The redistricting of a city school dis- 
trict shall not affect the membership of the then existing, 
board of education in such district.. All members thereof 
shall continue to serve for the full term for which they 
were elected. After the expiration of such terms, the elec- 
tion of members of the board of education from subdis- 
tricts shall be by the subdistricts as redistricted. (R. S. 
Sec. 3900.) 



CHAPTER 3. 



VILLAGE SCHOOL DISTRICTS. 



Section 

4708. Board of education in village districts. 

4709. Terms of members chosen at first elec- 

tion. 



Section 

4710. Election in newly created village. 

4711. Assignment of electors in attached ter- 

ritory for voting purposes. 



Section 4708. In village school districts, the board Board of 
of education shall consist of five members elected at large f^^yfiia"*^ 
at the same time as municipal officers are elected and in the districts, 
manner provided by law. (R. S. Sec. 3908.) 

Section 4709. At the first election in such district, a Terms of 
board of education shall be elected, two members to serve ^^o'sen^t first 
for two years and three to serve for four years. At the election, 
proper municipal election held thereafter, their successors 
shall be elected for a term of four years. (R. S. Sec. 
3908.) 

Section 4710. In villages hereafter created, a board Election in 
of education shall be elected as provided in the preceding vilU'je."^^''^'^ 
section. If such election is a special election, the mem- 
bers elected shall serve for the term indicated in such sec- 
tion from the first Monday in January after the last pre- 
ceding election for members of the board of education, and 
the board shall organize on the second Monday after the 
special election. (R. S. Sec. 3909.) 

Section 4711. Electors, residing in territory attached Assignment of 
to a village district for school purposes, may vote for school attached ter- 
officers and on all school questions at the proper voting "tory for 
place in the village to which the territory is attached. If posSf ^^^' 
the village is divided into precincts, the board of education 
of the village school district shall assign such attached ter- 
ritory to the adjoining precinct or precincts of the village, 
and have a map prepared showing such assignment, which 
map shall be made a part of the records of the board. Elec- 
tors residing in such attached territory may vote in the 
precinct to which they are assigned, but, if no assignment 
of territory is made, they shall vote in the precinct nearest 
their residence. An elector residing in the village but not 
in the village school district shall not vote in such village 
school district. (R. S. Sec. 3910.) 

37 



CHAPTER 4. • 

TOWNSHIP SCHOOL DISTRICTS. 



Section 

4712. Board of education in township districts. 



4713. 
4714. 



4715. 



4716. 
4717. 
471S. 
4719. 

4720. 
4721. 



First election in township districts. 
Assignment of electors in attached ter- 
ritory for school purposes. 
Compensation of members of board. 

SUBDISTRICTS. 

Division of township into subdistricts. 
Election of school director in subdistrict. 
Notice of election of director. 
Judges of election, poll book and tally 

sheet. 
Failure to elect; procedure. 
Meetings of qualified electors. 



Section 

4722. Duties of the director of subdistrict. 

JOINT SUBDISTRICTS. 

4723. Joint subdistricts abolished. 

4724. Map of attached territory. 

4725. When subdistrict is part of township 

having centralized schools. 

CENTRALIZATION. 

4726. Submission of question of centralization. 

4727. Submission of question of decentraliza- 

tion. 



Board of edu- SECTION 4712. In township school districts, the board 

township" dii- °^ education shall consist of five members elected at large 

tricts. at the same time township officers are elected and in the 

manner provided by law. (R. S. Sec. 3915.) 



l-'irst election 
in township 

districts. 



Section 4713. At the first election in a -township dis- 
trict, a ^board of education shall be elected, as herein pro- 
vided, two members to serve for two years and three to 
serve for four years. At the township election held every 
second year thereafter, their successors shall be elected 
for a term of four years. (R. S. Sec. 3915.) 

Quo Warranto is the proper remedy to try a title to an oflfice. 570 O. S-, 
371. 

As to serving until successor is elected. 7 C. C, 1, 4; aff'd 29 B., 396. 

When judges and clerks of election fail to sign pollbooks and tallysheets, 
to fill up blanks _ in the caption, or to carry out the aggregate votes, such 
omissions and mistakes may be corrected upon the trial of a contest, by 
parol evidence, and when so corrected, the documents, sustained by the parol 
proof, are competent evidence of the result of the election. 16 O. S., 184. 

The evident intent of the law requires that when the polls are once 
opened, they should be kept open until the hour prescribed for finally closing; 
but the statute on the conduct of elections, section 5056, is said to be directory, 
and if so, "a departure from its strict observance will not necessarily invali- 
date an election, where no fraud has been practiced and no substantial right 
violated." 19 O. S., 25. 

The officers of an election board cannot, after dissolving the board and 
dispersing, return and perform any official act regarding such election. When 
they have dispersed, thev cease to be officers of the election — are fundi 
omdo. 21 O. S., 216; 14 O. S., 315. 

Pollbooks duly certified and returned are prima facie evidence of the 
truth of their contents, but this presumption will be rebutted by proof that 
they are fraudulent and fictitious to such an extent as to render them wholly 
unreliable. 26 O. S., 549. 

Quo warranto will lie where no provision for a contest is made by law 
— as was the case in the election of school directors against the respondent, 
whom the board recognized, and the fact that the relator has received a cer- 
tificate is not conclusive. 8 Rec. 432; 4 B., 1065. 

A person voted for under the name of E. H. Smith, whose name is 
H. E. Smith, there being no such man as E. H. Smith, should have the votes 
counted, if the judges are satisfied that the person H. E. Smith was intended. 
II. W. L. M., 589. 

In case a candidate receiving the highest number of votes at an election 
is ineligible, the next highest candidate is not elected. 13 Cal., 146; 88 Maine, 
597; 1 Chandler, Wis., 117. 

McCrary on Elections, section 184: "The safe rule probably is that 
where an election board are found to have wilfully and deliberately committed 
g, fraud, even though it affect a number of votes too small to change the 

38 



TOWNSHIP SCHOOL DISTRICTS. 39 

result it is sufficient to destroy all confidence in . their official afts, and 
[o put ^e party claiming anything under the ^l^^tion conducted by tj«m 
to tie oroof of his votes, by evidence, other than the returns. bee Jucucms 
V Hm 50 N? h! llo; Knox Co. v. Davis, 63 111., 405; Russell v. State, 11 

^^"" Receiving illegal or improper votes will not alone vitiate an election. 
It must be shfwn Jfirmatively, in order to overturn the declared result that 
the wrongful action changed it. Dillon on Municipal Corporations, 261. 

Section 4714. Electors residing in territory attached Assignment of 
to a township school district for school purposes may vote attached 'ter- 
for school officers and on all school questions at the proper ritory for 
voting place in the township in which such territory is at- poses. 
tached. If the township is divided into different voting pre- 
cincts, the board of education of such district shall assign 
the attached territory to the adjoining precinct or precincts. 
If such territory is attached to more than one precinct, a 
map shall be prepared, showing such assignment, which map 
shall be made a part of the records of the board. Electors 
may vote according to such assignment, but, if no assign- 
ment of territory is made, they shall vote, in the precinct 
nearest their residence. An elector residing m the town- 
ship, but not in the township school district, shall not 
vote' in such township school district. (R. S. Sec. 3916.) 

Section 4715. Each member of the township board compensauon 
of education shall receive as compensation two dollars for °^ Z^d"^ 
each meeting actually attended by such member, but for 
not more than ten meetings in any year. The compensa- 
tion allowed members of the board shall be paid from the 
contingent fund. (R. S. Sec. 3920.) 



SUBDISTRICTS. 

Section 4.716 The division of township school dis- Division of 

OE-i^iiUiN q-/ 1-^- , . ,11 ,• „„j 1^^ township into 

tricts into subdistricts as they exist shall continue and De subdistricts. 
recognized for the purpose of school attendance, but the 
board of education may increase or dimmish the num- 
ber or change the boundaries of the subdistricts at any 
regular meeting. A map designating such changes shall 
be entered upon the records of the board. (R. S. bee. 
3921.) 

The term "sub-district", as used in section 1 of this supplementary 
act of April 9 1867 (efv. 117), does not include .the subordinate territorial 
divisions of separate school districts into which a city "f, J »f^.«^^y/5 *t" 
divided, but applies exclusively to township or county subdistricts. 19 O. b., 

577. 

Section 4717. In all township districts, the schools ||_ec^tj^°n^pf^^^ 
of which are not centralized or consoHdated, there shall ^^^^°P^ ^^^f 
be elected on the second Monday of April each year by district, 
ballot, in each subdistrict by the qualified electors thereof 
one competent person having the quahfications of an elector 
therein, who shall be styled director. (R. S. Sec. 3921a.) 

Section 4718. The director of each subdistrict shall Notice of 
post written or printed notices in three or more conspic- ^'i^/,*\°",. °^- 
uous places in his subdistrict, at least six days prior to 
such election, designating the day and hour of opening and 



40 



TOWNSHIP SCHOOL DISTRICTS. 



the hour of closing the election. The election shall be held 
at the school house in the subdistrict. (R. S. Sec. 3921a.) 

Judges of eiec- SECTION 4719. The meeting shall be organized by the 

and' tally ^°°^ appointment of a chairman and secretary, who shall act 
sheet. as judgcs of the election under oath, which oath may be 

administered by the director of the subdistrict, or any 
other person competent to administer it. The secretary 
shall keep a poll book and tally sheet, which shall be 
signed by the juges and delivered within eight days to 
the clerk of the township board of education. In case of 
a tie vote, the judges of the election shall decide it by 
lot, (R, S. Sec, 3921a,) 



Failure to 
elect; pro- 
cedure. 



Section 4720. If there is a failure to elect a di- 
rector in any subdistrict or a director elected therein re- 
fuses to serve, or otherwise, the township board of edu- 
cation shall appoint a director for such subdistrict. (R. S. 
Sec. 3921a.) 



Meetings of 
qualified elec- 
tors. 



Section 4721. The qualified electors of the subdis- 
trict may hold their meetings at any time upon tne call of 
the director or of any five electors. Five days' notice shall 
be given of such meetings by posting notices in five public 
places in the vicinity. (R. S. Sec. 3921a.) 



Duties of the 
director^ of 
subdistrict. 



Section 4722. The director of each subdistrict shall 
preside at the school meetings of the district, record the 
proceedings thereof, and act as the organ of communica- 
tion between the inhabitants and the township board of 
education. He shall take charge of the school house and 
property belonging thereto under the general order and di- 
rection of the township board of education, and preserve 
them. When so ordered by the board, he shall make all 
temporary repairs of the school house, furniture and 
fixtures and provide the necessary fuel for the school, re- 
porting the cosf thereof to the board of education for 
payment. He shall take the enumeration of the subdistrict 
and return it to the clerk of the board of education in the 
manner prescribed by law. (R. S. Sec. 3921a.) 



Joint sub- 
districts 
abolished. 



joint SUBDISTRICTS. 

Section 4723. Joint subdistricts are abolished and 
the territory of such districts situated in the township in 
which the school house of the joint district is not located 
shall be attached for school purposes to the township school 
district in which such school house is located. Such ter- 
ritory shall constitute a part of such township school dis- 
trict, and the title of all school property located therein 
is vested in the board of education of the township to which 
the territory is attached. (R. S. Sec. 3923.) 



TOWNSHIP SCHOOL DISTRICTS. 



41 



Section 4724. A map of such attached territory shall Map of at- 
be prepared under the direction of the board of education ^^y^'^ ^^''"" 
of the township district to which the territory is attached 
and made a part of the records of the board. A copy of 
such map shah be filed with the auditor of the county in 
which such territory is situated, or, if the territory Is in 
two or more counties, it shall be filed with the auditor 
of each county. (R. S. Sec. 3923.) 

Section 4725. When such joint subdistrict is a part when joint 

of townships, both of which have centralized schools and f^^part"of 

no school is maintained in such subdistrict, the boundaries townships 

of the civil township so situated shall form the boundaries traiizld*^ 

of the township school districts, and each township shall ^*=^°°is- 
have control of the territory of such joint subdistrict lying 
within its boundaries. (R. S. Sec. 3923.) 



centralization. 

Section 4726. A township board of education may submission of 
submit the question of centralization, and, upon the petition question of 
of not less than one-fourth of the qualified electors of such 
township district, must submit such question to the vote 
of the qualified electors of such township district at a 
general election or a special election called for that purpose. 
If more votes are cast in favor of centralization than against 
it, at such election, such board of education shall pro- 
ceed at once to the centralization of schools of the town- 
ship, and, if necessary, purchase a site or sites and erect 
a suitable building or buildings thereon. If, at such election, 
more votes are cast against the proposition of centraliza- 
tion than for it, the question shall not again be submitted 
to the electors of such township district for a period of 
two years. (R. S. Sec. 3927-2.) 

Section 4727. When the schools of a township have Submission of 
been centralized such centralization shall not be discon- ^"clmraiizL 
tinued within three years, and then only by petition and tion. 
election, as.herein required. If at such election more votes 
are cast against centralization than for it, the division into 
subdistricts as they existed prior to centralization shall 
thereby be re-established, at the next regular election and 
subdistrict directors shall be elected, as herein provided. 
(R. S. Sec. 3927-2.) 



CHAPTER 5. 



SPECIAL SCHOOL DISTRICTS. 



Section 

<T28. Special school district. 

4729. How established. 

4730. Bond; costs; remonstrance. 

4781. Duty of probate judge on filing of pe- 
tition. 

4732. Procedure upon hearing.^ 

4733. Fees; jurisdiction exclusive. 

4734. Existing districts shall continue; ex- 

ception. 

4735. Officers of existing districts shall hold 

until successors are elected. 

4736. Board of education in special districts. 

4737. When a new district is created. 

4738. Elections in special school districts. 



Section 

4739. Mass meeting to fix time for holding 

first election. 

4740. Term of members of first board elected. 

ABANDONMENT O'' SPECIAL DIS- 
TRICiS'. 



4741. 
4742. 



4743. 
4744. 



Election on question of abandoniment 

of special district. 
Where election shall be held «nd by 

whom conducted. 
Form of ballot; result of election. 
How funds shall be apportioned in case 

of abandonment. 



Special school 
district. 



How estab- 
lished. 



Section 4728. A special school district may be 
formed of any contiguous territory, not included within the 
limits of a city or village, which has a total tax valuation 
of not less than one hundred thousand dollars. (R. S. 
Sec. 3928.) 

Section 4729. To establish a special school district, 
a petition, signed by not less than ten male citizens who 
are electors of the proposed special district, shall be filed in 
the office of the probate judge of the county in which such 
special district is situated, or, if such district is situated in 
two or more counties, then with the probate judge of the 
county having the greatest total tax valuation of such pro- 
posed district. Such petition shall set forth the desires of 
the petitioners, shall contain a description of the territory 
to be included in the proposed special district and be ac- 
companied by a statement giving the total tax valuation 
of such territory certified to by the county auditor or aud- 
itors, and an accurate map of the territory, to be included 
in such district, which map shall be prepared Xo the sat- 
isfaction of the probate judge. (R. S. Sec. 3928.) 



Bond; costs; 
remonstrance. 



Section 4730. Such petition shall be accompanied by 
a bond of one or more of the petitioners, in the sum of 
one hundred dollars, with sureties to the satisfaction of the 
probate judge, conditioned that the parties entering into 
the bond shall pay all the costs of the proceedings, if a 
special school district is not created, and, in such case, 
the probate judge shall render judgment against the par- 
ties to the bond for all the costs of the proceedings. If 
the petition is granted, the costs shall be taxed against the 
special school district thereby authorized, and be paid by 
the board of education thereof thereafter, elecetd, from 
any funds that mav come into its possession. A remon- 
strance signed by one or more of the male citizens who 

42 



SPECIAL SCHOOL DISTRICTS. 



43 



are electors of the proposed district may be filed with the 
probate judge and must be considered upon the hearing of 
the petition. (R. S. Sec. 3928.) 

Section 4731. Upon the filing of a petition for the Duty of pro- 
establishment of a special school district, the probate judge fiHng^of*pe°'* 
shall fix the time for the hearing of the petition, which shall tition. 
be within sixty days of the filing thereof. Thereupon he 
shall cause to be published for four consecutive weeks in 
two newspapers of opposite politics, printed and of gen- 
eral circulation in the county where the petition is filed, 
notice of the filing of the petition and the time of the 
hearing thereon. Such notices shall be mailed to the clerk 
or clerks of the boards of education having territory in 
the proposed special school district. (R. S. Sec. 3929.) 

Section 4732. The probate judge may hear and de- procedure 
termine the question of the establishment of such special "p°" ''^^"ng. 
school district, and may subpoena and examine witnesses 
under oath. He may change the boundaries of the pro- 
posed special school district, shall fix and determine the 
amount of money due and payable to the special district 
from the surplus money in the treasury or in process of 
collection in the district or districts from which it was 
formed, or, in case of the indebtedness of such district or 
districts, he shall determine the amount of money due and 
payable by the special school district to the district or dis- 
tricts from which it was formed. In either case, the amount 
so found due, shall be a valid and binding obligation upon 
the board of education of such district or districts. (R. S. 
Sec. 3929.) 



Section 4733. The fees in cases involving the es- p^^^. -^^-^^ 
tablishment of special school districts shall be the same as diction ex- 
in civil cases, and the jurisdiction of the probate court in 
such cases shall be exclusive. (R. S. Sec. 3929.) 



elusive. 



Section 4734. Nothmg herein shall abolish any ex- Existing dis- 
isting special school district, but all such districts, whether tricts sEaii 
created under a general or special act, including the ter- exception, 
ritory now constituting them, shall, unless chanj;-ed under 
the provisions of this chapter, continue to be and remain 
special school districts, except special districts, which 
include within their boundaries a city or village. In such 
case the special district shall be a city or village school 
district with or without territory attached or detached, as 
the case may be. (R. S. Sec. 3928.) 

Special school districts which have been created by special act of the 
legislature are not legally constituted school districts, and must be re-estab- 
lished by petition to the probate court, as provided in sections 3928-8932, R. S. 

"It is not within the power conferred on the general assembly by the 
constitution to declare that things done and created under and by virtue 
of unconstitutional acts of the general assembly, nevertheless 'shall continue 
to be find remain and be recojfnized as legal.' " — 78 O. S., 64. 



44 



SPECIAL SCHOOL DISTRICTS. 



Officers of 
existing dis- 
tricts shall 
hold until 
successors 
are elected. 



Section 4735. All officers and members of boards 
of education of existing special school districts, whether 
created by a special or general act, shall continue to hold 
and exercise their respective offices and powers until their 
successors are elected and qualified, as herein provided. 
(R. S. Sec. 3928.) 



Board of ed- 
ucation in 
special 
districts. 



Section 4736. The board of education of special school 
districts shall consist of five members, elected at large at 
the same time as township officers are elected and in the 
manner provided by law. (R. S. Sec. 3930.) 



When a new 
district is 
created. 



Section 4737. At the first townshin election after the 
creation of a special district therein, a board of education 
shall be elected in such district, as herein provided, two 
members to serve for two years and three to serve for four 
years, and at the proper township election thereafter, their 
successors shall be elected for the term of four years. (R. 
S. Sec. 3930.) 



Elections in 
special school 
districts. 



Section 4738. Elections of members of the board of 
education in special districts shall be held by the proper 
election officers of the township in which such districts are 
situated, and, if a special district is situated in two or more 
townships, the election shall be held by the election officers 
of the different townships for the electors residing in each 
township, respectfully, in the manner provided by law. 
(R. S. Sec. 3931.) 



Mass meeting 
to fix time 
for holding 
first election. 



Sdction 4739. When a special school district is crea- 
ted, a mass meeting of the electors of such district shall be 
called by the posting of notices in five public places in the 
district, setting forth the time and place of such meeting, 
and signed by at least three electors of the district. The 
electors assembled at such meeting shall elect a chairman 
and secretary and fix the time of holding the first election 
for members of the board of education. The time so fixed 
shall not be within twenty-five days of the time of holding 
such mass meeting. The chairman and secretary of the 
meeting shall immediately post notices in five public 
places within the district, giving the date of election, and 
shall notify the deputy state supervisors of elections of the 
county or counties of the names of the voting precincts hav- 
ing territory in such special school district and the probable 
number of electors in each precinct, in order that such depu- 
ty state supervisors may prepare ballots, poll books and tal- 
ly sheets at the time and in the manner provided by law. 
(R. S. Sec. 3932.) 



Term of mem- 
bers of first 
board elected. 



Section 4740. The board of education thus elected 
shall organize on the second Monday after the election, and 
the terms of members shall be, as hereinbefore provided, 
from the first Monday in January after the last preceding 



SPECIAL SCHOOL DISTRICTS. 



45 



annual election of members of boards of education and un- 
til their successors are elected and qualified. (R. S. Sec. 
3932.) 

ABANDONMENT OF SPECIAL DISTRICTS. 

Section 4741. When a petition is signed by not less Election on 
than one-third of the electors residing within the territory a'bfndoSm°elt 
constituting a special school district, praying for the of special 
abandonment or continuance of such special district, is pre- ^'^^nct. 
sented to the board of education of such district, or when 
such board, by a majority vote of the full membership 
thereof, shall decide to submit the question of abandoning 
or continuing the special school district, the board shall fix 
the time of holding such election at a special or general 
election. The clerk of the board shall notify the deputy 
state supervisors of elections as herein provided m case of 
first election, of the date of such election and the purposes 
thereof, and such deputy state supervisors shall provide 
therefor. The clerk of the board of education shall post 
notices thereof in five public places within the district. (R. 
S. Sec. 3935.) 

Section 4742. If the question is submitted at a spec- where election 
ial election in a district in two or more election precincts, it In^^by^ whom 
shall be held at the precinct nearest the school house in such conducted. 
special district, by the election officers of the precinct, and all 
the electors of the district may vote at such precinct. If 
the district is situated in two or more counties, the deputy 
state supervisors of the county in which such nearest elec- 
tion precinct is situated shall have charge of the election. 
If the question is submitted at a regular election, it shall be 
conducted in the same manner as the election of members 
of the board of education. (R. S. Sec. 3935.) 



Section 4743. The ballot shall be in the regular form Fo„n of bai- 
but without the circle at the top, and shall have printed e°g'.tjon^"^* °^ 
thereon, "Abandonment of special school district, yes"; 
"Abandonment of special school district, no" or "Continu- 
ance of special school district, yes" ; or "Continuance of 
special school district, no," as the case may be. The ex- 
pense of the election shall be paid in the same manner as 
other school election expenses, and the returns thereof shall 
be made to the board of education of 'the special school dis- 
trict. If more votes are cast for abandonment than against 
it, or against continuance than for it, such board shall certify 
the result to the board or boards of education of the town- 
ship or townships having territory in the special district, and 
the territory of the special district shall thereby revert to the 
township school district or districts from which it was origi- 
nally taken, except as hereinafter provided in case of in- 
debtedness of the special district. Otherwise such district 
shall continue to be and remain a legal special school district 
as theretofore constituted. (R. S. Sec. 3935.) 



46 



SPECIAL SCHOOL DISTRICTS. 



How funds 
shall be ap- 
portioned in 
case of 
abandonment. 



Section 4744. The legal title of the property of a 
special school district in case of abandonment or failure to 
continue shall become vested in the board or boards of 
education of the township or townships in which such 
property is situated. The school funds of such special dis- 
trict shall be paid into the treasury of the township dis- 
trict, and if such special district is in two or more town- 
ships, such funds shall be divided between them in propor- 
tion to the total tax valuation of property in the several 
districts. The abandonment of a special school district 
shall not be complete until the board of education of the 
district has provided for the payment of any indebtedness 
that may exist. (R. S. Sec. 3935.) 



CHAPTER 6. 



BOARDS OF EDUCATION. 



Section 

4745. When terms of members shall begin. 

4746. Oath of members of board and other 

officers. 

4747. Organization of the board. 

4748. Vacancies in board, how filled. 

4749. Corporate powers of board of education. 

4750. Board may make rules; legal meetings. 

4751. Special meeting of the board. 

4752. Quorum; yeas and nays in certain cases. 

4753. Absence of president or clerk. 

4754. Record of proceedings and attestation 

thereof. 



Section 

4755. Boards ftiay accept bequests. 

4756. How real property may be sold. 

4757. Conveyance and contracts. 

4758. Exchange of real estate. 

4759. School property exempt from taxation. 

4760. Processes against boards, how served. 

4761. Prosecuting attorney or city solicitor to 

be counsel of school board. 

4762. When other officers may act; restric- 

tions. 



Section 4745. The terms of office of members of each 
board of education shall begin on the first Monday in Janu- 
ary after their election, and each such officer shall hold his 
office four years and until his successor is elected and quali- 
fied. (97 V 40 § 2.) 

If a school district should fail to elect members of the board of educa- 
tion at a regular election, the members whose successors should have been 
chosen, continue to hold office until their successors are elected and qualified. 
Attorney General. 

Section 4746. Before entering upon the duties of his 
office, each person elected or appointed a member of a 
board of education or elected or appointed to any other 
office under this title shall take an oath to support the con- 
stitution of the United States and the constitution of this 
state and that he will perform faithfully the duties of his 
office. Such oath may be administered by the clerk or any 
member of the board. (R. S. Sec. 3979.) 

Section 5032. The names of candidates for members of the 
board of education of a school district, however nominated, shall 
be placed on one independent and separate ballot without any 
designation whatever, except for member of board of education 
and the number of members to be elected. (98 v. 116 § 1.) 

Section 5033. The ballots for members of the board of edu- 
cation shall be prepared and printed as follows : The whole 
number of ballots to be printed for the school district shall be 
divided by the number of candidates for member of board of 
education of the district, and the quotient so obtained shall be 
the number of ballots in each series of ballots to be printed. The 
names of candidates shall be arranged in alphabetical order and 
the first series of ballots printed. _ Then the first name shall be 
placed last and the next series printed, and so shall the process 
be repeated until each name shall have been first. These ballots 
shall then be combined in tablets with no two of the same order 
of names together, except when there is but one candidate. (98 
V. 116 § 2.) 

Section 5084. In city school districts, the ballots for each 
Bubdistrict shall contain the names of the candidates for member 
of the board of education from such subdistrict and also the names 
of the candidates to be elected at large. (97 v. 354 § 1.) 

47 



When terms 
of meabers 
shall begin.' 



Oath of mem- 
bers of board 
and other 
officers. 



Ballots for 
school board. 



How ballot for 
school board 
printed. 



School dis- 
tricts in citiea. 



48 



BOARDS OF EDUCATION. 



Organization 
of the board. 



Regular meet- 
ings. 



When the legislature has fixed by law the time for holding an election 
of officers, an election at any other time, unless provided for by law, is 
unauthorized and void. 20 O. S., 167. 

When candidates for different terms are running for the office of mem- 
ber of the board of education, the term each is to serve should be desig- 
nated on the ballots and such designation cannot be disregarded by the judges 
of election. 20 O. S., 336. 

A person so elected may appear before any person authorized by law to 
administer an oath, and may take his oath of office. This should be done in 
case the member-elect is, for any reason, unable to attend the meeting for 
organization. The certificate of the officer administering the oath should be 
sent to the board and copied in the records, to obviate all questions. For 
the same reason, a record should be made of the oath administered to each 
member. 

Officers who have sworn to perform official duties may be compelled to 
perform they by writ of mandamus. This writ issues from the supreme, circuit 
or common pleas court. Section 12284 of the General Code. 

They also may be restrained from doing illegal acts under color of 
authority as officers by writ of injunction. This writ issues from the 
supreme, circuit or common pleas court, or a judge thereof; or from the 
Ijrobate court, in case none of the above named judges are in the county. 
Section 11877, General Code. 

But to boards of education is left large discretion as to the manner 
of performing their official duties, and courts will not interfere with this 
discretion. 23 O. S., 211. 

Officers required by law to exercise their judgments, are not answerable 
for mistakes of law or mere errors of judgment, where there is neither fraud 
nor malice. Jenkins v. Waldron, 11 Johnson's Rep., Hi. 

An officer acting within the scope of his authority is only responsible 
for an injury resulting from a corrupt motive. 17 Ohio, 402. 

A public officer who is required by law to act in certain cases, accord- 
ing to his judgment or opinion, and subject to penalties for his neglect, is 
not liable to a party for an omission arising from a mistake or want of skill, 
if acting in good faith. Seamen v. Patten, 2d Cain's Rep., 312. 

But an officer entrusted by the common law or by statute is liable to 
an action for negligence in the performance of his trust or for fraud or neg- 
lect in the execution of his office. Jenner v. Joliffe 9 John, Rep., 381. 

The performance of any act prohibited by statute, or any w'llful neglect 
of duty, and for which no penalty is provided by enactment, is a misdemeanor. 

For the number of votes necessary in the election of officers of the 
board, see section 4752. 

President and clerk of township boards to attend December meeting of 
township trustees; Sec. 3273. 

Inspection of school funds in case of non-attendance of president and 
clerk as required by Sec. 3273; see Sec. 3315. 

Section 4747. The board of education of each school 
district shall organize on the first Monday of January after 
the election of members of such board. One member of 
the board shall be elected president, one as vice president 
and in township school districts the clerk of the township 
shall be clerk of the board. The president and vice presi- 
dent shall serve for a term of one year and the clerk for a 
term not to exceed two years. In all other districts a per- 
son who may or may not be a member of the board shall 
be elected clerk. The board shall fix the time of holding its 
regular meeting. 

President of board of education is an officer within the meaning of sec- 
tion 8, G. C, and holds over until successor qualifies. State v. Witnrow, 31 
O. C, 215 (11 N. S., 569.) 

The receiving of a bribe at an election to influence one's vote does not 
cause a forfeiture of an office held by the person receiving the bribe. 

If a township clerk fails to qualify as clerk of the township board 
of education, such failure does not in any respect affect his status as township 
clerk. 



Vacancies in 
board, how 
filled. 



Section 4748. A vacancy in any board of education 
may be caused by death, non-residence, resignation, re- 
moval from office, failure of a person elected or appointed 
to qualify within ten days after the organization of the 
board or of his appointment, removal from the district or 
absence from meetings of the board for a period of ninety 
days, if such absence is caused by reasons declared insuffi- 
cient by a two-thirds vote of the remaining members of the 



BOARDS OF EDUCATION. 49 

board, which vote must be taken and entered upon the rec- 
ords of the board not less than thirty days after such ab- 
sence. Any such vacancy shall ^e filled by the board at 
its next regular or special meetmg, or as soon thereafter 
as possible, by election for the unexpired term. A majori- 
ty vote of all the remaining members of the board may fill 
any such vacancy. (R. S. Sec. 3981.) 

Section 4749. The board of education of each Corporate 
school district, organized under the provisions of this title, ^"^/"of*^ 
shall be a body politic and corporate, and, as such, capable education, 
of suing and being sued, contracting and being contracted 
with, acquiring, holding possessing and disposing of real 
and personal property, and taking and holding in trust for 
the use and benefit of such district any grant or devise of 
land and any donation or bequest of money or other per- 
sonal property and of exercising such other powers and 
privileges as are conferred by this title and the laws relat- 
ing to the public schools of this state. (R. S. Sec. 3971.) 

_ For "an act to authorize certain boards of education to sell real estate 
at private sale to municipal corporations," see 81 v. 93. 

For "an act to authorize the use of school houses for Itierary entertain- 
ments, school exhibitions, singing schools, and religious exercises," see Sec. 
7622. 

A board of education is not liable, in its corporate capacity, for damages 
for an injury resulting to a pupil while attending a common school, from its 
negligence in the discharge of its official duty in the erection and mainte- 
nance of a comomn school building under its charge, in the absence of a 
statute creating a liabilty. 30 O. S., 37. 

A dedication for school purposes is for a specific use, and confers no 
power of alienation so as to extinguish the use. 18 O. S., 221. 

Boards of education are invested with the title to the property of their 
respective districts in trust for the use of public schools; and a lease of a 
public school house for the purpose of having a private or select school taught 
therein, for a term of weeks, is in violation of the trust; and such use may 
be restrained at the suit of a resident taxpayer of the district. 35 O. S'., 143. 

Where land was conveyed to a township board of education, its succes- 
sors and assigns, for the use of school purposes only, and the board after- 
ward sold the land at public outcry to C.; Held, that the sale was not in- 
violation of the terms of the grant. 37 O. S., 262. 

The board of education being a legal entity empowered to sue, has 
capacity to sue its defaulting treasurer without resorting to his bond. 51 
O. S., 115. 

An officer acting within the scope of his authority is only responsible 
for an injury resulting from a corrupt motive. 17 C, 402. 

A board of education is not subject to quo warranto, since it cannot be 
ousted; it is not such a corporation as R. S., Sec. 6761 contemplates, but a 
state agency. 7 C. C, 152. 

Corporations must take and grant by their corporate names. 2 Kent., 
11 Ed., 351. 

Section 4750. The board of education shall make goard may 
such rules and regulations as it deems necessary for its make rules; 
government and the government of its employes and the pu- ings. " ^ ' 
pils of the schools. No meeting of a board of education, 
not provided for by its rules or by law, shall be legal unless 
all the members thereof have been notified, as provided in 
the next section. (R. S. Sec. 3985.) 

Board can not authorize clerk to become custodian of tuition funds under 
this section. 74 O. S., 80. See State ex rel. v. Wickham under section 7684. 

As the act authorizing; the board to make rules does not provide how 
they shall be enforced, the board has discretionary power over the subject A 
rule that a pupil not prepared with a rhetorical exercise should be suspended 
imless excused for cause is reasonable. Neither the board nor the teacher 
suspending the pupil under such rule is liable for damages. 29 O. S., 89. 

The rules must not be inconsistent with Sec. 3982 R. S., 52 O. S., 138, 
149. 

4 S. h. 



50 BOARDS OF EDUCATION. 

If a deliberative body adopts rules, but no rule for suspending a rule, 
a suspension cannot be by a bare majority, for the rule would then have no 
force as a rule. 2 C. C, 510, 517. 

Corporal punishment may ^e inflicted if such are the rules of the 
school, and an unknown predispofTtion to certain diseases will not make an 
otherwise proper punishment tortuovrs. 4 B., SI. 

A reporter is on the floor of a school board as a privilege and not as a 
right, a gallery being provided for the rest of the public, and the board may 
expel him. 9 B., 242. 

SCHOOL DISCIPLINE. 

The conduct of the pupils upon any part of the premises connected with 
the school house or in the immediate vicinity of the same (the pupils being 
' thus virtually under the care of the teacher), whether within the regular 

school hours or before or after them, is properly cognizable by the teacher. 
And any disturbance made by them, within range injuriously affecting 
in any way the interests of the school, may clearly be the subject of re- 
proof and correction by the teacher. Harden, School Law, p. 79. 

The right of a schoolmaster to correct his scholars has always been 
practically and judicially sanctioned, but the chastisement must not exceed 
the limits of moderate correction; and though courts are bound, with a 
view to the maintenance of necessary order and decorum in schools, to look 
with all reasonable indulgence upon the exercise of this right, yet whenever 
the correction shall appear to have been clearly excessive and cruel, it must 
be adjudged illegal. 10 Vt., 108. 

The parent may be said to exercise a judicial authority in determining 
what punishment by himself, is proper for his child, but is liable, criminally, 
in a clear case of excess. Johnson v. State, 2 Hump, 283. The teacher also 
acts judicially in such a case, and is not to be made liable, civilly or crim- 
inally, unless he acted with express malice, or was guilty of such excess that 
malice must be implied. 2 Dev. and Bat., 365; 4 Ind. R., 290. 

Whether under the facti; the punishment is excessive, must be left to 
the jury to decide. Commonwealth of Massachusetts v. Randall, 4 Gray, 38. 

If the effects of acts done out of school houses reach within the school- 
, room during school hours, and are detrimental to good order and the best 

interests of the pupils, it is evident that such acts may be forbidden. 31 
la., 662. 

Though a schoolmaster has, in general, no right to punish a pupil for 
misconduct committed after the dismissal of school for the day and the 
return of the pupil to his home, yet he may on the pupil's return to school, 
punish him for any misbehavior, though committed out of school, which has 
a direct or immediate tendency to injure the school and to subvert the master's 
authority._ 32 Vt., lU. 

While the decisions in Ohio are very limited on this subject, it seems 
to be the consensus of opinion, throughout the_ different states that the teach- 
er's authority over a pupil extends to all actions taking place in the imme- 
diate vicinity of the school; that on the pupil's way to and from school 
the authority of the parent and teacher is concurrent, the parent taking 
precedent when both are present, and that the teacher can call a pupil to 
account for misconduct, committed at any time, tending to impair the use- 
fulness of the school or to subvert the teacher's authority. 

A court may review the action of a board and pass upon the reasonable- 
ness of any of its rules, but if they have erred, while discharging their 
duty in good faith, they are not liable to action therefor. 32 Vermont, 224. 

The act of the board of education and the teachers, in matters of or- 
ganizing, grading, and governing the school, will be conclusive, unless the 
power is abused or perverted under some apparently reasonable pretense. 
23 Pick., 224; 2 Cushing, 198. 

"A teacher, in the exercise of the power of corporal punishment, must 
not make such power a pretext for cruelty and oppression; but the cause 
must be sufficient, the instrument suitable, and the manner and extent of 
the correction, the_ part of the person to which it is applied, and the temper 
in which it is inflicted, should be distinguished with the kindness, prudence, 
and propriety which become the station." Cooper v. McJunkin, 4 Ind., 290. 

A schoolmaster is not relieved from liability in damages for the pun- 
ishment of a scholar which is clearly excessive and unnecessary, by the fact 
that he acted in good faith and without malice, honestly thinking that the 
punishment was necessary, both for the discipline of the schooT and the 
welfare of the scholar. 

If there is any reasonable doubt whether the punishment was excessive, 
the teacher should have the benefit of the doubt. Lander v. Seaver, 32 Vt. 
R., 123; Wharton's American Crim. Law, 1259, and 1 Sanders on PI. Ev., 
144. 

In the case of Martin Quinn v. Mary D. Nolan, a suit tried in the 
superior court of Cincinnati, Judge Harmon, in charging the jury, used the 
following language: 

"tf the jury should find the defendant did not, in view of all the cir- 
cumstances, inflict a greater degree of punishment upon the plaintiff's son 
than she was fairly entitled to do, and was proper, of course they must find 
for defendant. But, if they should find she did go beyond that, then it 
would be necessary to go further and inquire into the damages that should 
be allowed. The law holds a person responsible only f or _ the natural, and 
ordinary consequences of his acts, these consequences which the law pre- 
sumes, he might or should have foreseen at the time he committed the act. 
Therefore, it might make a difference in the amount of their finding if it 
should appear that the child was afflicted with or predisposed to certain 
diseases, and the defendant had no notice thereof from his parents, the bov 
himself, his appearance, or otherwise. If the defendant, from the knowledge 
she had of the boy and his appearance, would be justified in supposing him 



BOARDS OF EDUCATION. 



51 



to be like other boys of his age, and inflicted only a proper punishment, then 
she would not be liable at all, even though unfortunately some hidden defect 
in the boy's constitution should cause injury to his health to follow. Or, 
if they should find for the plaintiff, this fact of ignorance on her part would 
prevent her from being liable for any consequence arising from such weak- 
ness or predisposition in the boy, of which she was ignorant in fact, and of 
which his appearance furnished no warning. It is the duty of parents who 
send their children to school, whose health or disposition would render the 
punishment permitted by the rules of the school dangerous or improper, to 
see the teacher is informed of the fact." 

Section 4751. A special meeting of a board of educa- special meetT 
tion may be called by the president or clerk thereof or by ^ofrdf ^^^ 
any two members, by serving a written notice of the time 
and place of such meeting upon each member of the board 
either personally or at his residence or usual place of busi- 
ness. Such notice must be signed by the official or mem- 
bers calling the meeting. (R. S. Sec. 3978.) 



Section 4752. A majority of the members of a board 
of education shall constitute a quorum for the transaction 
of business. Upon a motion to adopt a resolution author- 
izing the purchase or sale of real or personal property or to 
employ a superintendent or teacher, janitor or other employe 
or to elect or appoint an officer or to pay any debt or claim 
or to adopt any text book, the clerk of the board shall pub- 
licly call the coll of the members composing the board and 
enter on the record the names of those voting "Aye" and 
the names of those voting "No." If a majority of all the 
members of the board vote aye, the president shall declare 
the motion carried. Upon any motion or resolution, a 
member of the board may demand the yeas and nays, and 
thereupon the clerk shall call the roll and record the names 
of those voting "Aye" and those voting "No." Each board 
may provide for the payment of superintendents, teachers 
and other employes by pay-roll, if it deems advisable, but 
in all cases such roll call and record shall be complied with ; 
provided, that boards of education of township school dis- 
tricts may provide for the payment of teachers monthly 
if deemed advisable upon the presentation, to the clerk, of 
a certificate from the director of the sub-district in which 
the teacher is employed stating that the services have been 
rendered and that the salary is due ; the adoption of a resolu- 
tion authorizing the clerk to issue warrants for the payment 
of the teacher's salary on presentation of such certificate 
shall be held as compliance with the above requirements. 

Records of quasi corporations are not considered of that absolute verity 
that parol testimony is inadmissible to show facts upon which the record is 
silent. 5 0., 136. 

An agreement by members of a township board of education, acting in 
their individual capacity, to purchase from another person apparatus for the 
schools of the township, and to ratify such contract of purchase at the next 
meeting of the board, is contrary to public policy, and therefore illegal and 
void, and not enforceable either against the board or the members thereof 
as individuals. 29 O. S., 419. 

The order of the clerk on the treasurer is not negotiable, and the written 
acceptance of an order by a treasurer who has gone out of office imposes 
no greater obligation on the treasurer to pay than if it had been presented 
^thout such endorsement. 22 O. S., 144. 

Calling the roll and entering the "ayes" and "noes" is mandatory else 
the election is void. 52 O. S'., 138. 

Where the minutes show the aye and nay vote and how each member 
voted but does not state expressly that the roll was called, this is sufficient 
compliance with this section. 13 C. C, 207. 



Quorum; yeas 
and nays in 
certain cases. 



52 



BOARDS OF EDUCATION. 



Absence of 
president or 
clerk. 



An election to fill a vacancy on the board is not an election of an officer 
and would not come under the provisions of this section. 

In case_ a board should really lose half or more of its members, the 
county commissioners must keep up the schools. As they may do all that a 
board could do, they may appoint a new board, or members enough to pro- 
ceed with the appointment to the completion of a new board; see Sec. 7610. 

In all cases except those which are declared to require a majority of all 
the members composing the board, a majority of a quorum is sufficient to 
pass a measure, and the roll need not be called unless demanded by a member 
of the board. 

No member of a board can delegate his power to act to another person, 
either a member of the board or otherwise. It is said that this is sometimes 
done. But acts depending on such delegated votes are void. For heavy 
penalty attached to such assumption of official duty, see Revised Statutes, 
Sec. 6913. 

Section 4753. If the president or clerk is absent at 
any meeting of the board of education, the members pres- 
ent shall choose one of their number to serve in his place 
pro tempore. If both the president and clerk are absent, 
both places shall be filled. On the appearance of either at 
the meeting after his place has been so filled, he shall imme- 
diately assume the duties of his office. (R. S. Sec. 3983.) 



Record of 
proceedings 
and attesta- 
tion thereof. 



Boards may 
accept be- 
quests. 



Section 4754. The clerk of the board of education 
shall record the proceedings of each meeting in a book 
to be provided by the board for that purpose, which shall 
be a public record. The record of proceedings at each 
meeting of the board shall be read at its next succeeding 
meeting, corrected, if necessary, and approved, which ap- 
proval shall be noted in the proceedings. After such ap- 
proval the president shall sign the record arid the clerk at- 
test it. (R. S. Sec. 3984.) 

A board of education can speak only through its records, and these 
must accordingly be complete, showing just what the board did, and no 
more. A motion made by a member, seconded by another member, stated 
by the president, and voted on by the board, is business, and is to be 
recorded, though not a single member voted for it. Any vote upon it, as to 
refer, to postpone, or to lay upon the table, is action, and should be recorded. 
If the board adjourn pending the consideration of the motion, the motion 
should be recorded. If the mover withdraws the motion, by consent of the 
board, by general consent it may also be omitted from the records. 

The records of a special meeting should state by whom the meeting was 
called, as the legality of the proceedings depends upon the legality of the call. 

If a record is inadequately entered, parol evidence may, it seems, be 
admitted to show that action was taken which is not found on the records 
at all. The commissioner of schools of Rhode Island decided, under instruc- 
tion of Judge Brayton, of the supreme court, that "imperfections in a clerk's 
record of a resolution do not render invalid a tax properly voted." Yet all 
these imperfections in the record lead to trouble — some _ litigation, often 
to questions which only courts of law can decide, and in which their aecision 
may be such as to defeat what was attempted to be done in the case. 

The power to amend the records exists with the clerk while he is in 
office, but not after his term expires, nor for any purpose other than to 
make them truthful and complete as to fact. 11 Mass., 477; 17 Maine, 444. 

Records of quasi corporations are not considered of that absolute verity 
that parol testimony is inadmissible to show facts upon which the record is 
silent. 5 Ohio, 136. 

Recording of vote in certain cases; see Sec. 4752. 

Where a board at a regularly called meeting, makes a contract with a 
qualified teacher, but no record is made of the proceedings, the teacher may 
prove, if he can do so by competent parol testimony, such official action 
of said board. 3 C. C, 517. 

Section 4755. By the adoption of a resolution, a 
board of education may accept any bequest made to it by 
will or may accept any gift or endowment from any per- 
son or corporation upon the conditions and stipulations ' 
contained in the will or connected with the gift or endow- 
ment. For the purpose of enabling the board to carry out 
the conditions and limitations upon which a bequest, gift or 



BOARDS OF EDUCATION. 



53 



endowment is made, it may make all rules and regulations 
required to fully carry them into effect. No such bequest, 
gift or endowment shall be accepted by the board if the con- 
ditions thereof shall remove any portion of the public 
schools from the control of such board. (R. S. Sec. 3975.) 

Section 4756. When a board of education decides to how real 
dispose of real or personal property, held by it in its corpo- ^^"^0^^^ "^^ 
rate capacity, exceeding in value three hundred dollars, it 
shall sell such property at public auction after giving at least 
thirty days' notice thereof by publication in a newspaper 
of general circulation or by posting notices thereof in five 
of the most public places in the district in which such prop- 
erty is situated. When the board has twice so offered a 
tract of real estate for sale at public auction and it is not 
sold, the board may sell it at private sale, either as an en- 
tire tract or in parcels, as the board deems best. The presi- 
dent and secretary of, the board shall execute and deliver 
deeds necessary to complete such sale. (R. S. Sec. 3971.) 



Section 4757. Conveyances made by a board of 
education shall be executed by the president and clerk 
thereof. No member of the board shall have directly or 
indirectly any pecuniary interest in any contract of the 
board or be employed in any manner for compensation by 
the board of which he is a member except as clerk or treas- 
urer. No contract shall be binding upon any board unless 
it is made or authorized at a regular or special meeting of 
such board. (R. S. Sec. 3974. ) 



Conveyance 
and contracts. 



Section 12883. Whoever, being a member of a board of Member of 
education, accepts or receives for his services as such member board of edu- 
any compensation except as clerk or treasurer of such board or as w°compen'-*" 
otherwise provided by law, shall be imprisoned in the penitentiary sation. 
not less than one year nor more than twenty-one years and fined 
double the amount of money or other property so accepted or 
received. (R. S. Sec. 6975.) 

Section 12910. Whoever, holding an office of trust or profit Officer ,or 
by election or appointment, or as agent, servant or employe of such ^^^^} _inter- 
officer or of a board of such officers, is interested in a contract contra^s. 
for the purchase of property, supplies or fire insurance for the use 
of the county, township, city, village, board of education or a 
public institution with which he is concerned, shall be imprisoned 
in the penitentiary not less than one year nor more than ten 
years. (R. S. Sec. 6969.) 



Section 12911. Whoever, holding an office of trust or profit. Same as to 
by election or appointment, or as agent, servant or employe of other con- 
such officer or of a board of such officers, is interested in a con- tracts, 
tract for the purchase of property, supplies or fire insurance for 
the use of the county, township, city, village, board of educa- 
tion or a public institution with which he is not connected, and 
the amount of such contract exceeds the sum of fifty dollars, unless 
such contract is let on bids duly advertised as provided by law, 
shall be imprisoned in the penitentiary not less than one year nor 
more than ten years. (R. S. Sec. 6969.) 



54 



SOARl>S OF EDUCATION. 



Employing 
relative as 
teacher. 



Exchange of 
real estate. 



Section 12932. Whoever, being a local director or member 
of a board of education, votes for or participates in the making 
of a contract with a person as a teacher or instructor in a public 
school to w^hom he or she is related as father or brother, mother 
or sister, or acts in a matter in which he or she is pecuniarily 
interested, shall be fined not less than twenty-five dollars nor 
more than five hundred dollars or imprisoned not more than six 
months, or both. (R. S. Sec. 6975a.) 

Section 4758. Upon a vote of a majority of the 
members of a board of education and a concurring vote of 
the council of a municipal corporation, declaring that an 
exchange of real estate held by such board for school pur- 
poses for real estate held by such municipal corporation for 
municipal purposes will be mutually beneficial to such 
school district and municipal corporation, such exchange 
may be made by conveyances, executed by the mayor and 
clerk of the corporation and by the president and clerk of 
the board of education, respectively. (R. S. Sec. 3971.) 



School prop- 
erty exempt 
from taxa- 
tion. 



Processes 
against boards, 
how served. 



Prosecuting 
attorney or 
city solicitor 
to be counsel 
of school 
board. 



Section 4759. Real or personal property vested in 
any board of education shall be exempt from taxation and 
from sale on execution or. other writ or order in the nature 
of an execution. (R. S. Sec. 3973.) 

Non -taxation of school property; Sec. 5349. 

Provisions relating to taxation of school, ministerial, and other lands; 
Sec. 5330. 

School property is not liable to assessment for street improvement; nor 
can a judgment be rendered against the board of education for the payment 
of the assessment out of its contingent fund. 48 O. S., 83. 

Sidewalk — School property not assessable for. 48 O. S., 87. 



Property purchased by a board of education, and upon which there is 
tgage lien, may be sold on foreclosure. 39 B., 78; Aff'd by S'upremi*. 



a mortgage 
Court. 

Section 4760. Process in all suits against a board of 
education shall be by summons which shall be served by 
leaving a copy thereof with the clerk or president of the 
board., (R. S. Sec. 3976.) 

Section 4761. Except in city school districts, the 
prosecuting attorney of the county shall be the legal adviser 
of all boards of education of the county in which he is 
serving. He shall prosecute all actions against a member 
or officer of a board of education for malfeasance or mis- 
feasance in office, and he shall be the legal counsel of such 
boards or the officers thereof in all civil actions brought by 
or against them and shall conduct such actions in his official 
capacity. When such civil action is between two or more 
boards of education in the same county, the prosecuting at- 
torney shall not be required to act for either of them. In 
city school districts, the city solicitor shall be the legal ad- 
viser and attorney for the board of education thereof, and 
shall perform the same services for such board as herein 
required of the prosecuting attorney for other boards of 
education of the county. (R. S. Sec. 3977.) 

It has been held by attorneys for the state that, since a board of edu- 
cation by the provisions of section 4749 is a body politic and corporate, and is 
vested with the power of suing and being sued, it is authorized, by implica- 
tion, to employ legal counsel to assist the prosecutor in any case in which 
the board is plaintiff or defendant. 



180ARDS OF EDUCATION. 5$ 

Section 4762. The duties prescribed by the preced- when other 
ing section shall devolve upon any official serving in a ca- °^':^^\ ^^^. 
pacity similar to that of prosecuting attorney or city solici- tions. 
tor for the territory wherein a school district is situated, re- 
gardless of his official designation. No prosecuting at- 
torney, city solicitor or other official acting in a similar ca- 
pacity shall be a member of the board of education. No 
compensation in addition to such officer's regular salary 
shall be allowed for such services. (R. S. Sec. 3977.) 



CHAPTER 7. 
TREASURER AND CLERK. 



SBCTtON 

4763. Treasurer of school funds. 

4764. Bond of treasurer. 

4765. Additional sureties or new bond. 

4766. Filing and approval of bond. 

4767. Counting of funds. 

4768. When treasurer may receive or pay 

money. 

4769. Maximum amount of funds which treas- 

urer may hold. 

4770. Annual settlement by treasurer with 

county auditor. 

4771. Compensation for making settlement. 

4772. Penalty for failure to make settlement. 

4773. Treasurer to deliver funds to successor. 

4774. Bond of clerk. 



Section 

4775. Annual statistical report of board of 

expenditures by clerk. 

4776. Publication of statement of receipts and 

expenditures. 

4777. Clerk to deliver books, etc., to successor. 

4778. How treasurer and clerk to keep ac- 

counts. 

4779. Clerk's account. 

4780. Treasurer's account. 

4781. Compensation of treasurer and clerk. 

4782. When treasurer of school moneys may 

be dispensed with. 

4783. When clerk shall perform the duties of 

treasurer. 

4784. Provisions when depository ceases to 

act. 



Treasurer of 
school funds. 



Bond of 
treasurer. 



Section 4763. In each, city, village and township 
school district, the treasurer of the city, village and town- 
ship funds, respectively, shall be the treasurer of the school 
funds. In each special district the board of education shall 
choose its own treasurer, whose term of office shall be for 
one year beginning on the first day of September. (R. S. 
Sec. 4042.) 

The relations between the board of education and the treasurer are 
such that one person can not be a member of the board and at the same 
time act as its treasurer. In passing upon the sufficiency of the treasurer's 
bond, if he be a member of the board, his own vote may determine the action 
of the board in reference to said bond. 

Sec. 19. The state, any county, township, municipal corporation, or 
school board, shall not be precluded by the illegal loaii or deposit by any 
officer or agent of public money, funds, property, bonds, securities, or assets, 
belonging to it, from suing for and recovering the same; and such suit shall 
not l)e held to be an adoption or satisfaction of such illegal transaction. 

Embezzlement of school funds, penalty; see sections 12878, 12878. 

What is prima facie evidence of embezzlement by public officers; see 
Sec. 13674. 

Township trustees have no authority to release a. treasurer from his 
liability for any portion of the school fund belonging to the township. 
13 O., 495. 

If a township treasurer, _ resigns as treasurer of the school funds, the 
board of education has the right, if it chooses, to accept his resignation, 
and in such case may elect S. successor to him as treasurer of the school 
fund. 

The treasurer of a city, village or township may by failing to qualify as 
treasurer of the school funds refuse to serve as such treasurer. 

Section 4764. Before entering upon the duties of his 
office, each school district treasurer shall execute a bond, 
with sufficient sureties, in a sum not less than the amount of 
school funds that may come into his hands, payable to the 
state, approved by the board of education, and conditioned 
for the faithful disbursement according to law or all funds 
which come into his hands, provided that when school 
moneys have been deposited under the provisions of sec- 
tions 7604-7608 inclusive, the bond shall be in such amount 
as to the board of education may require. 

There is no statute authorizing the board of education to pay the 
premiums upon the bonds of its clerk or treasurer, and in the absence of 
statutory^ authority, such premiums cannot be paid from the funds of the 
school district. 



TREASURER AND CLERK. 



57 



Secti^ 4765. Thereafter such treasurer may be re- Additional 
quired to give additional sureties on his accepted bond, or ^ew^'bond'^ 
to execute a new bond with sufficient sureties to the approv- 
al of the board of education when such board deems it 
necessary. If he fails for ten days after service of notice 
in writing of such requisition, to give such bond or ad- 
ditional sureties, as to required, the office shall be declared 
vacant and filled as in other cases. (R. S. Sec. 4043.) 

Section 4766. Each such bond, when so executed piHng and 
and "approved, shall be filed with the clerk of the board of H^^"^^ *** 
education of the district, and recorded. He shall cause a 
certified copy thereof or the names of additional sureties, 
to be filed with the county auditor without delay. (R. S, 
Sec. 4043.) 

Section 4767. Such board at the time of the approval counting of 
of any bond or sureties, shall require the treasurer of the *"'^'^»- 
school funds to produce all money, bonds or other securi- 
ties in his hands as such treasurer, and they then must be 
counted by the board or a committee thereof, in the pres- 
ence of its clerk, who thereupon shall enter upon the re- 
cords of the board, a certificate, setting forth the exact 
amount of money or securities so found in the hands of 
such treasurer. Such record shall be signed by the presi- 
dent and clerk of the board and be prima facie evidence that 
the amount therein stated was actually in the treasury at 
that date. (R. S. Sec. 4043.) 



When treas- 
urer may re- 
ceive or pay 
money. 



Section 4768. No treasurer of a school district shall 
pay out any school money except on an order signed 
by the president or vice-president, and countersigned by the 
clerk of the board of education, and when such school 
moneys have been deposited as provided by sections 7604- 
7608 inclusive, no money shall be withdrawn from any 
such depository, except upon an order signed by the treas- 
urer and by the president or vice-president and counter- 
signed by the clerk of the board of education; and on 
money shall be paid to the treasurer of the district other 
than that received from the county treasurer, except upon 
the order of the clerk of the board, who shall report the 
amount of such miscellaneous receipts to the county au- 
ditor each year immediately preceding such treasurer's set- 
tlement with the auditor. 

A board of education has capacity to sue its treasurer for money re- 
ceived and not accounted for. The remedy is not limited to an action on the 
bond, but may be for money had and received. 51 O. S., 115. 

The treasurer should not pay an order for what he believes to be an 
illegal object, until he can consult with other members of the board, and 
have the question fully investigated. A man of discretion is supposed to 
be chosen to this, as to other offices, that the chances for discovering errors 
and fraud may be multiplied. 

Section 4769. The clerk of a board of education or Maximum 

the county auditor shall pay no money into the hands of fXi's^whfch 

the treasurer of a school district in excess of the amount treasurer may 

of his bond. Should any such clerk or auditor violate this ° ' 



56 



tREASURER AND CLERK. 



provision, he and his bondsmen shall be liable for any loss 
occasioned thereby. But where depositories for school 
funds have been created under the provisions of sections 
7604-7608 inclusive, all school moneys shall be paid directly 
into such depository or depositories by the auditor upon the 
written order of the board of education signed by the presi- 
dent or vice president and countersigned by the clerk. In 
case the school funds have been deposited under the pro- 
visions of sections 7604-7608 inclusive, the limitation of 
payment herein contained shall not apply. Before giving 
such treasurer a warrant or order for school funds, the 
auditor may require the treasurer to file with him a state- 
ment showing the amount of such funds in his possession, 
signed by the clerk of the board of education. 

Annual settle- SECTION 4770. Within the first ten days of Septem- 

urer* whh^^*^ ^^^' ^^^^ year, the treasurer shall settle with the county 
county auditor, auditor for the preceding school year, and for that purpose 
he shall make a certified statement showing the amount of 
money received, from whom, and on what account, the 
amount paid out, and for what purpose. He shall produce 
vouchers for all payments made. If the auditor, on exami- 
nation, finds the statement and vouchers to be correct, he 
shall give the treasurer a certificate of the fact, which shall 
prima facie be a discharge of the treasurer for the money 
paid. When the treasurer's term begins on the first day 
of September, the annual settlement shall be made by the 
outgoing treasurer. (R. S. Sec. 4044. ) 



Compensation 
for maVing 
settlement. 



If it is evident to the county auditor that the school moneys have been 
illegally paid out, as they would if paid to any member of a board of 
education on any contract with such board, or as an employee thereof, it is 
his duty to refuse the treasurer credit for the same. If moneys have been 
paid from the wrong fund, as from the school fund, when the law says it 
must be township fund, the auditor must not allow credit to such orders. He 
should insist on their correction by the board, or correct them himself by 
proper debit and credit. No voucher should be received by the auditor which 
he has reason to believe a court of law would reject. No paper is a voucher 
for the payment of money to A, which has not A's receipt on it, or accom- 
panying it. An order properly made out, but merely marked "paid" by the 
treasurer, is not a receipt. 

Section 4771. For making such settlement, the 
treasurer shall be entitled to receive the sum of one dollar, 
and also five cents per mile for traveling to and from the 
county seat, to be paid from the county treasury, on the 
order of the county auditor. (R. S. Sec. 4044.) 



Penalty for 
failure to 
make set- 
tlement. 



Section 4772. If the treasurer of any school district 
willfully or negligently fails to make such annual settle- 
ment within the time so prescribed, he shall forfeit and 
pay fifty dollars, to be recovered in a civil action in the 
name of the state, which amount, when collected, shall be 
paid into the county treasury and applied to the use of the 
common schools in his district. In case of such failure, the 
county auditor shall proceed forthwith to recoVer the for- 
feiture by suit against the treasurer before a justice of the 
peace of the county. (R. S. Sec. 4045.) 



TREASURER AND CLERK. 



59 



Section 4773. At the expiration of his term of ser- Treasurer to 
vice, each treasurer shall deliver to his successor in office, fo^smfcessor*^* 
all books, papers, money, and other property in his hands 
belonging to the district, and take duplicate receipts of his 
successor therefor. One of these he shall deposit with the 
clerk of the board of education within threee days there- 
after. (R. S. Sec. 4049,) 



13674. 



Penalty for failure or refusal to pay over public money; see Section 



Section 4774. Before entering upon the duties of his Bond of clerk, 
office, the clerk of each board of education shall execute a 
bond, in an amount and with surety to be approved by the 
board, payable to the state, conditioned for the faithful 
performance of all the official duties required of him. 
Such bond must be deposited with the president of the 
board, and a copy thereof, certified by him, shall be filed 
with tiie county auditor. (R. S. Sec. 4050.) 

Township clerk is authorized to administer oaths connected with school 
affairs; see Sec. 3303. 

Board can not authorize clerk to become custodian of tuition funds. 
74 O. S., 80. 

Duties and powers of clerk, 170 D. N. P., 108; 29 O. C. C, 32 (N. S. 
120). 

There is no statutory authority for paying the expense of a member 
of the board of education, or of its clerk to a_ meeting of the state association 
of school boards, nor is such attendance required by statute. 

Section 4775. The clerk of each board of education Annual statis- 
shall prepare the annual report of the receipts and expendi- 
tures of school money and the statistical statement in refer- 
ence to the schools, required by law to be made by the 
board, and transmit it to the county auditor on or before 
the first day of September. But in each school district 
having a superintendent of schools, such report, except the 
receipts and expenditures of money, shall be made by the 
superintendent. (R. S. Sec. 4052.) 

Penalty for not making report; see Sec. 7790. 

The board of education should see that the reports required by this 
section are filed before allowing compensation to the clerk for his services. 



tical report 
of board of 
education. 



Section 4776. Except city districts, the board of Publication 
education of each district shall require the clerk of the °^ fecdpt^s"* 
board annually, ten days prior to the election, to prepare and expendi- 
and post at the place or places of holding such elections, clerk. ^ 
or publish in some newspaper of general circulation in the 
district, an itemized statement of all money received and 
disbursed by the treasurer of- the board, within the school 
year next preceding. (R. S. Sec. 4053.) 



Section 4777. At the expiration of his term of office, cki-k to de- 
each clerk shall deliver to his successor all books and papers '»'^«r books, 

' 6lC* to sue* 

in his hands relating to the afifairs of his district, including ccssor. 
certificates, and copies thereof, and reports of school statis- 
tics, filed by teachers. (R. S. Sec. 4054.) 



6o 



TREASURER AND CLERK, 



How treasurer 
and clerk to 
keep accounts. 



Clerk's ac- 
count. 



Section 4778. The auditor of each county shall fur- 
nish to the clerk and treasurer of each school district in his 
county a suitable blank book, made according to the form 
prescribed by the bureau of inspection and supervision of 
pubHc offices, in which each must keep an account of the 
school funds of his district. (R. S. Sec. 4055.) 

Section 4779. The clerk's account shall show the a- 
mounts certified by the county auditor to be due the district, 
all sums paid to the treasurer from other sources on his 
order, and all orders drawn t^ him on the treasurer, upon 
what funds and for what purposes drawn. (R. S. Sec. 
4055-) 



Treasurer's 
account. 



Embezzlement 
by municipal 
and school 
officers. 



Compensation 
of treasurer 
and clerk. 



When treas- 
urer of school 
moneys ^ay 
be dispensed 
with. 



Section 4780. The treasurer's accounts shall show 
the amounts received from the county treasurer, all sums 
received from other sources on the order of the clerk, the 
amounts paid out, and from what funds and for what pur- 
poses paid. A separate account of each fund must be kept, 
and each account balanced at the close of the school year, 
and the balance in the treasurer's hands belonging to each 
fund shown. (R. S. Sec. 4055.) 

Section 12878. Whoever, being a member of the council of 
a municipal corporation, or an officer, agent, clerk or servant of 
such corporation, or board or department thereof, or an officer, 
clerk or servant of a board of education, knowingly diverts, ap- 
propriates or applies funds, or a part of a fund raised by taxa- 
tion or otherwise, to any use or purpose other than that for which 
it was raised or appropriated, or knowingly diverts, appropriates 
or applies money borrowed, or a bond of the corporation or part 
of the proceeds of such bond, to any use or purpose other than 
that for which such loan was made, or bond issued, shall be im- 
prisoned in the penitentiary not less than one year nor more than 
twenty-one years and fined in double the amount of money or 
other property embezzled. (R. S. Sec. 6846.) 

Section 4781. The board of education of each school 
district shall fix the compensation of its clerk and treasurer, 
which shall be paid from the contingent fund of the dis- 
trict. If they are paid annually, the order for the payment 
of their salaries shall not be drawn until they present to the 
board of education a certificate from the county auditor 
stating that all reports required by law have been filed in 
his office. If the clerk and treasurer are paid semi-annual- 
ly, quarterly, or monthly, the last payment on their salaries 
previous to August thirty-first, must not be made until all 
reports required by law have been filed with the county 
auditor and his certificate presented to the board of educa- 
tion as required herein. (R. S. Sec 4056.) 

If a board of education dispenses with the services of such treasurer 
lie cannot compel said board of education to pay him for services after the. 
time that his services are so dispensed with. 

Section 4782. When a depository has been provided 
for the school moneys of a district, as authorized by law, 
the board of education of the district, by resolution adopted 
by a vote of a majority of its members, may dispense with 



TREASURER AND CLERK. 



6l 



a treasurer of the school moneys, belonging to such school 
district. In such case, the clerk of the board of educa- 
tion of a district shall perform all the services, discharge 
all the duties and be subject to all the obligations required 
by law of the treasurer of such school districts. (R, S. 
Sec. 4042a.) 

Section 4783. When the treasurer is so dispensed when clerk 
with, all the duties and obligations required by law of the fhe'^duties"'^ 
county auditor, county treasurer- or other officer or person treasurer. 
relating to the school moneys of the district shall be com- 
plied with by dealing with the clerk of the board of educa- 
tion thereof. Before entering upon such duties, the clerk 
shall give an additional bond equal in amount and in the 
same manner prescribed by law for the treasurer of the 
school district. (R. S. Sec. 4042a.) 

Section 4784. If for any reason, a depository in such Provisions 
district ceases to act as custodian of the school moneys, they when deposi- 
shall be placed in the custody of the treasurer of the city, act. 
village or township in which the school district is located 
or of the special school district upon such treasurer giving 
bond as required by law, to the approval of the board of 
education. Such moneys shall ht held and disbursed by 
the treasurer in all respects as required by law until anoth- 
er depository is provided for such moneys. Thereupon he 
shall place such money in the depository and his duties and 
obligations relating thereto shall then cease. (R. S. Sec. 
4042a.) 



PUBLIC ELECTIONS 



Election of 
members of 
the board of 
education. 



Section 4838. All elections for members of boards of 
education shall be held on the first Tuesday after the first 
Monday in November in the odd numbered years. (97 v. 
40 § 2.) 



Notice of 
school elec- 
tions. 



Section 4839. The clerk of each board of education 
shall publish a notice of all school elections in a newspaper 
of general circulation in the district or post written or 
printed notices thereof in five public places in the district 
at least ten days before the holding of such election. Such 
notices shall specify the time and place of the election, the 
number of members of the board of education to be elected, 
and the term for which they are to be elected, or the nature 
of the question to be voted upon. (97 v. 354 § 2.) 



Qualifications 
of elector. 



Section 4861. Every male citizen of the United 
States, who is of the age of twenty-one years or over, and 
possesses the qualifications in regard to residence herein- 
after provided, shall be entitled to vote at all elections. 
(Cons. Art. V. § I.) 



When women 
may vote. 



Section 4862. Every woman, born in the United 
States or who is the wife or daughter of a citizen of the 
United States, who is over twent5'--one years of age and 
possesses the necessary qualifications in regard to residence 
hereinafter provided for men shall be entitled to vote and 
to be voted for for member of the board of education and 
upon no other question. (97 v. 354 § 3.) 

The constitutional power of the legislature to provide for common 
schools is not limited by the definition of elector in Conts., V, Sec. 1, and 
the right to vote for school officers may be conferred on women. 9 C. C, 134. 

This section limits the_ voting privileges of women. It does not entitle 
them to vote on such questions as special tax levy, bond issue, erection of 
public buildings, etc., although the same be for school purposes. 



Registration 
of women. 



Section 4940. The provisions of this chapter relat- 
ing to registration shall apply to women upon whom the 
right to vote for member of the board of education is con- 
ferred by law, but the names of such women may be 
placed on a separate list. (97 v. 254 § 3.) 



Nominations 
of candidates 
for board of 
education. 



Section 4997. Nominations of candidates for the 
office of member of the board of education may be made 
by nomination papers, signed in the aggregate for each 
candidate by not less than twenty-five qualified electors of 
either sex of the school district, except in city school dis- 
tricts, such nomination papers shall be signed by peti- 

62 



PUBLIC ELECTIONS. 



63 



tioners not less in number than one for every one hundred 
persons who voted at the next preceding general election 
in such city. (R. S. Sec. 3897a.) 

■Section 4998. When nominations of candidates for 
member of the board of education have been made by nom- 
ination papers filed with the board of deputy state super- 
visors, as herein provided, such board of deputy state 
supervisors shall publish on two different days prior to the 
election a list of the names of such candidates in two news- 
papers of opposite politics in the school district, if there is 
such printed and published therein. If no newspaper is 
printed in such school district, the board shall post such 
list in at least five public places therein. (R. S. Sec. 3897a.) 



Names of 
nominees for 
board pub- 
lished. 



Section 5032. The names of candidates for members 
of the board of education of a school district, however nom- 
inated, shall be placed on one independent and separate 
ballot without any designation whatever, except for member 
of board of education and the number of members to be 
elected. (98 v. 116 § i.) 



Ballots for 
school board. 



Section 5033. The ballots for members of the board How baiiot for 
of education shall be prepared and printed as follows : The p^nted.''"^'^'^ 
whole number of ballots to be printed for the school dis- 
trict shall be divided by the number of candidates for mem- 
ber of board of education of the district, and the quotient 
so obtained shall be the number of ballots in each series 
of ballots to be printed. The names of condidates shall be 
arranged in alphabetical order and the first series of ballots 
printed. Then the first name shall be placed last and the 
next series printed, and so shall the process be repeated 
until each name shall have been first. These ballots shall 
time be combined in tablets with no two of the same order 
of names together, except when there is but one candi- 
date. (98 V. 116 § 2.) 

Section 5034. In city school districts, the ballots for school dis- 
each subdistrict shall contain the names of the candidates t"cts in cities. 
for member of the board of education from such subdis- 
trict and also the names of the candidates to be elected at 
large. (97 v. 354 §1.) 

Section 5049. There shall be separate poll books and poii books 

tally sheets for all elections for school purposes and the gh^ets^f^r 

ballots of the electors at such elections shall be deposited school eiec- 

in a separate ballot box. (97 v. 354 §1.) **'^°^' 



Sectio^ 5120. In school elections, the returns shall canvass of 
be made by^ the judges and clerks of each precinct to the e?ection9^^°°^ 
clerk of the board of education of the district, not less 
than five days after the election. Such board shall can- 



64 PUBLIC ELECTIONS. 

vass such returns at a meeting to be held on the second 
Monday after the election, and the result thereof shall be 
entered upon the records of the board. (97 v. 354 §1.) 

How result SECTION 5 121. In the canvass of the vote for mem- 

clrtaS'cases" ^^^^ ^^ *^^ board of education, or assessors of real prop- 
erty, the person having the highest number ot votes shall 
be declared elected, and the next highest, and so on, until 
the number required to be elected shall have been selected 
from the number having the highest number of votes. If 
any number of persons greater than the number to be 
elected at such election have the highest and an equal 
number of votes, the board making the canvass shall de- 
termine by lot which of the persons shall be duly elected. 
(97 V. 354 § I ; 98 V. ii6 § i ; loo v. 8i § i.) 



PART SECOND 



CIVIL 

65 



5 S. I,, 



LIMITATION ON TAX RATE 



Section 
5649-1, 
5649-2. 
5649-3 



5649-3b. 



Levy for sinking fund and interest. 

Tax levy limitation. 

Maximum rate;_ tax for various pur- 
poses may be increased or decreased, 
but total tax not increased. 
When tax levies to be made; budget; 
county; municipal corporation; town- 
ship; school. 

Budget commissioners; time and place 
of meeting; quorum; expenses. 



Section 

5649-3C. Examination of budgets; adjusLrrient 
and certification. 

5649-3d. Appropriations each fiscal half year. 

5649-3e. Balances unexpended. 

56494. Emergencies. 

5649-5. Proceedings when maximum rate in- 
sufficient. 

5649-5a. Vote; notice; ballot. 

5649-5b. Result. 

5649-6. Consolidated district. 



Sec. 5649-1. In any taxing district, the taxing author- Levy fcr 
ities shall levy a tax sufficient to provide for sinking fund ^'"^'"iftere™' 
and interest purposes. 



Sec. 5649-2. Except as otherwise provided in section Tax 
5649-4 and section 5649-5 of the General Code, the aggre- ''™'' 
gate amount of taxes that may be levied on the taxable 
property in any county, township, city, village, school dis- 
trict or other taxing district, for the year 191 1 and any year 
thereafter, including taxes levied under authority of section 
5649-1 of the General Code, and levies for state, county, 
township, municipal, school and all other purposes, shall not 
in any one year exceed in the aggregate the total amount of 
taxes that was levied upon the taxable property therein of 
such county, township, city, village, school district or other 
taxing district, for all purposes in the year 1910, provided, 
however, that the maximum rate of taxes that may be 
levied for all purposes, upon the taxable property therein, 
shall not in any one year exceed ten mills on each dollar of 
the tax valuation of the taxable property of such county, 
township, city, village, school district or other taxing district 
for that year, and such levies in addition thereto for sinking 
fund and interest purposes as may be necessary to provide 
for any indebtedness heretofore incurred or any indebted- 
ness that may hereafter be incurred by a vote of the people. 



1 "vy 
atiun. 



Sec. 5649-3. The maximum rate of taxation in any 
taxing district for any purpose, as now fixed, shall be and 
is hereby changed so that such maximum rate, as levied on 
the total valuation of all taxable property in the district for 
.the year 191 1 and any year thereafter would produce no 
greater amount of taxes, than the present maximum rate 
for such purpose, if levied on the total valuation for all the 
taxable property therein for the year 1910, would produce. 
Any minimum rate required by law to be levied for any 
purpose, is hereby reduced in like proportion that the maxi- 
mum rate is herein reduced. 

67 



Maximum 
rate. 



68 



LIMITATIONS ON TAX RATE 



Tax for va- 
rious purposes 
may be in- 
creased or 
decreased, but 
tlie total tax 
not increased. 



When tax 
levies to be 
made. 



Budget. 



If in any year the taxing authorities of any taxing dis- 
trict shall desire to raise a less amount of taxes for a par- 
ticular purpose than was levied for such purpose in the year 
1910, the amount of taxes that may be levied for another or 
other purposes may be correspondingly increased ; the intent 
and purpose of this act being to provide the total amount 
of taxes which may be levied in the year 191 1 or in any 
year thereafter, for all purposes, shall not exceed in the ag- 
gregate, the total amount of taxes levied in the year 1910, 
plus six per cent, thereof for the year 1912, nine per cent, 
for the year 1913 and twelve per cent, thereof for any years 
thereafter, or, such less amount as may be produced by the 
levy of a maximum rate of ten mills on each dollar of the 
tax valuation of the taxable property therein, of any county, 
township, city, village, school district or taxing district, for 
that year, whether such taxes be levied for the same or 
other purposes, except to the amount of such levies as may 
be made for interest and sinking fund purposes as provided 
in section 5649-2 of the General Code as herein enacted, 
for emergencies as provided in section 5649-4 of the Gen- 
eral Code and such additional levies as may be authorized 
by a vote of the people as provided in section 5649-5 of the 
General Code, as herein enacted. 

Sec. 5649-3a. On or before the first Monday in June, 
each year, the county commissioners of each county, the 
council of each municipal corporation, the trustees of each 
township, each board of education and all other boards or 
officers authorized by law to levy taxes, within the county, 
except taxes for state purposes, shall submit or cause to be 
submitted to the county auditor an annual budget, setting 
forth in itemized form an estimate stating the amount of 
money needed for their wants for the incoming year, and for 
each month thereof. Such annual budgets shall specifically 
set forth : 

( 1 ) The amount to be raised for each and every pur- 
pose allowed by law for which it is desired to raise money 
for the incoming year. 

(2) The balance standing to the credit or debit of the 
several funds at the end of the last fiscal year. 

(3) The monthly expenditures from each fund in the 
twelve months and the monthly expenditures from all funds 
in the twelve months of the last fiscal year. 

(4) The annual expenditures from each fund for 
each year of the last five fiscal 3'ears. 

(5) The monthly average of such expenditures from 
each of the several funds for the last fiscal year, and also 
the total monthly average of all of them for the last five 
fiscal years. 

(6) The amount of money received from any other 
source and available for any purpose in each of the last 
five fiscal years, together with an estimate of the probable 
amount that may be received during the incoming year, 
from such source or sources. 



LIMITATIONS ON TAX RATE 



69 



County. 



Municipal 
corporation. 



(7) The amount of the bonded indebtedness setting 
out_ each issue and the purpose for which issued, the date 
of issue and the date of maturity, the original amount is- 
sued and the amount outstanding, the rate of interest, the 
sum necessary for interest and sinking fund purposes, and 
the amount required for all interest and sinking fund pur- 
poses for the incoming year. 

(8) The amount of all indebtedness incurred under 
authority of section 5649-4 and the amount of such addi- 
tional taxes as may have been authorized as provided in sec- 
tion 5649-5 of the General Code, setting out each issue in 
detail as provided in the next preceding paragraph. 

(9) Such other facts and information as the tax com- 
mission of Ohio or the budget commissioners may require. 

The aggregate of all taxes that may be levied by a 
county, for county purposes, on the taxable property in the 
county on the tax list, shall not exceed in any one year three 
mills. The aggregate of all taxes that may be levied by a 
municipal corporation on the taxable property in the corpo- 
ration, for corporation purposes, on the tax list, shall not 
exceed in any one year five mills'. The aggregate of all Township, 
taxes that may be levied by a township, for township pur- 
poses, on the taxable property in the township on the tax 
list, shall not exceed in any one year two mills. The local 
tax levy for all school purposes shall not exceed in any one School, 
year five mills on the dollar of valuation of taxable properly 
in any school district. Such limits for county, township, 
municipal and school levies shall be exclusive of any special 
levy, provided for by a vote of the electors, special assess- 
ments, levies for road taxes that may be worked out by 
the tax payers, and levies and assessments in special dis- 
tricts created for road or ditch improvements, over which 
the budget commissioners shall have no control. 

Such budget shall be made up annually at the time or 
times now fixed by law when such boards or officers are re- 
quired to determine the amount in money to be raised or 
the rate of taxes to be levied .in their respective taxing 
districts. 

The county auditor shall provide and furnish such 
boards and officers blank forms and instructions for making 
up such budgets. 



Blanks. 



Sec. 5649-3b. The county auditor, the mayor of the 
largest municipality in the county as shown by the last 
federal census, and the prosecuting attorney shall constitute 
a board to be known as the budget commissioners,- for the 
annual adjustment of the rates of taxation. The budget 
commissioners shall meet at the auditor's office in each 
county on the first Monday of June, annually and complete 
their work on or before the first Monday in July next fol- 
lowing. Each member thereof shall be sworn, faithfully 
and impartially, to perform the duties imposed upon him by 
this act. Two members shall constitute a quorum. The 
auditor shall be the secretary of the budget commissioners 



Budget com- 
missioners: 



Time and 
place of 
meeting; 
quorum. 



70 



LIMITATIONS ON TAX RATE 



Expenses. 



Examination 

of budgets. 



Adiustment 
and cert!fi- 
cati< n. 



Appropriations 
each fiscal 
Iialf year. 



and shall keep a full and accurate record of their proceed- 
ings. The auditor sliall appoint such messengers and clerks 
as the board deem necessary, who shall receive not to exceed 
three dollars per day for their services for the time actually 
employed, which shall be paid out of the county treasury. 
The budget commissioners shall be allowed their actual and 
necessary expenses, such expenses to be itemized and sworn 
to by the person who incurred them, and paid out of the 
county treasury when approved by the budget commis- 
sioners. 

Sec. 5649^3c. The auditor shall lay before the budget 
commissioners the annual budgets submitted to him by the 
boards and officers named in section 5649-3a of this act, to- 
gether with an estimate to be prepared by the auditor of the 
amount of money to be raised for state purposes in each 
taxing district in the county, and such other information as 
the budget commissioners may request, or the tax commis- 
sion of Ohio may prescribe. The budget commissioners 
shall examine such budgets and estimates prepared by the 
county auditor, and ascertain the total amount proposed to 
be raised in each taxing district for state, county, township, 
city, village, school district, or other taxing district pur- 
poses. If the budget commissioners find that the total 
amount of taxes to be raised therein does not exceed the 
amount authorized to be raised in any township, city, vil- 
lage, school district, or other taxing district in the county, 
the fact shall be certified to the county auditor. If such 
total is found to exceed such authorized amount in any 
township, city, village, school district, or other taxing dis- 
trict in the county, the budget commissioners shall adjust 
the various amounts to be raised so that the total amount 
thereof shall not exceed in any taxing district the sum au- 
thorized to be levied therein. In making such adjustment 
the budget commissioners may revise and change the an- 
nual estimates contained in such budgets, and may reduce 
any or all the items in any such budget, but shall not in- 
crease the total of any such budget, or any item therein. 
The budget commissioners shall reduce the estimates con- 
tained in any or all such budgets by such amount or 
amounts as will bring the total for each township, city, vil- 
iage, school district, or other taxing district, within the 
limits provided by law. 

When the budget commissioners have completed their 
work they shall certify their action to the county auditor, 
who shall ascertain the rate of taxes necessary to be levied 
upon the taxable property therein of such county, and of 
each township, city, village, school district, or other taxing 
district, returned on the grand duplicate, and place it on 
the tax list of the coiuity. 

Section 5649-3d. At the beginning of each fiscal half 
year the various boards mentioned in section 5649-3a of this 
act shall make appropriations for each of the several objects 



LIMITATIONS ON TAX RATE 7I 

for which money has to be provided, from the moneys 
known to be in the treasury from the collection of taxes 
and all other sources of revenue, and all expenditures within 
the following six months shall be made from and within 
such appropriations and balances thereof, but no appropri- 
ation shall be made for any purpose not set forth in the 
annual budget nor for a greater amount for such purpose 
than the total amount fixed by the budget commissioners, 
exclusive of receipts and balances. 

Section 5649-36. Unexpended appropriations or bal- Balance unex- 
ances of appropriations remaining over at the end of the p^^*^^^- 
year, and the balances remaining over at any time after a 
fixed charge shall have been terminated by reason of the 
object of the appropriation having been satisfied or aban- 
doned, shall revert to the general fund, and shall then be 
subject to other authorized uses, as such board or officers 
may determine. 

Section 5649-4. For the emergencies mentioned in Emergencies. 
sections forty-four hundred and fifty, forty-four hundred 
and fifty-one, fifty-six hundred and twenty-nine and seventy- 
four hundred and nineteen of the General Code, the taxing 
authorities of any district may levy a tax sufficient to pro- 
vide therefor, irrespective of any of the limitations of this 
act. 

Section 5649-5. The county commissioners of any proceedings 
county , the council of any municipal corporation, the trus- when max- 
tee of any township, or any board of education may, at any insufficient. 
time, by a majority vote of all the members elected or 
appointed thereto, declare by resolution that the amount of 
taxes that may be raised by the levy of taxes at the maximum 
rate authorized by sections 5649-2 and 5649-3 of the General 
Code as herein enacted within its taxing district, will be 
insufficient and that it is expedient to levy taxes, at a rate, 
in excess of such rate and cause a copy of such resolution 
to be certified to the deputy state supervisors of the proper ' 
county. Such resolution shall specify the amount of such 
proposed increase of rate above the maximum rate of tax- 
ation and the number of years not exceeding five during 
which such increased rate may be continued to be levied. 

Section 5649-5a. Such proposition shall be submitted vote. 
to the electors of such taxing district at the November 
election that occurs more than twenty days after the adop- 
tion of such resolution. The deputy state supervisors shall 
prepare the ballots and make the necessary arrangements 
for the submission of such question to the electors of such 
taxing district, and the election shall be conducted, canvassed 
and certified in like manner, except as otherwise provided 
by law, as regular elections in such taxing district for the 
election of officers thereof. Twenty days' notice of the Notice, 
election shall be given in one or more newspapers printed 



^2 



LIMITATIONS ON TAX RATE 



in the taxing district once a week for four consecutive weeks 
prior thereto, stating the amount of the additional rate to 
be levied, the purpose for which it is to be levied, and the 
number of years during which such increased rate may be 
continued to be levied, and the time and place of holding 
the election. If no newspaper is printed therein, the notice 
shall be posted in a conspicuous place and published once a 
week for four consecutive weeks in a newspaper of general 
circulation in such taxing district. 

Ballot. The form of the ballots cast at such election shall be: 

"For an additional levy of taxes for the purpose of 

not exceeding mills, for not to 

exceed years, Yes." 

"For an additional levy of taxes for the purpose of 

not exceeding mills, for not to 

exceed years, No." 

Result. Section 5649-5b. If a majority of the electors voting 

thereon at such election vote in favor thereof it shall be 
lawful to levy taxes within such taxing district at a rate not 
to exceed such increased rate for and during the period 
provided for in such resolution, but in no case shall the 
combined maximum rate for all taxes levied in any year in 
any county, city, village, school district or other taxing dis- 
trict, under the provisions of this and the two preceding 
sections and sections 5649-2 and 5649-3 of the General Code 
as herein enacted, exceed fifteen mills. 



Consolidated 
districts. 



Section 5649-6. Whenever two or more taxing dis- 
tricts are consolidated by annexation or otherwise, the ag- 
gregate amount of taxes authorized under section 2 of this 
act, for such consolidated district shall not exceed the 
sum of the aggregate amount which would have been au- 
thorized for all of said taxing districts separately. 



PUBLIC SCHOOLS 



CHAPTER I. 

CHAPTER 2. 

CHAPTER 3. 

CHAPTER 3a. 

CHAPTER 4. 

CHAPTER 5. 

CHAPTER 6. 

CHAPTER 7. 

CHAPTER 8. 

CHAPTER 9. 

CHAPTER 10. 

CHAPTER II. 

CHAPTER 12. 



School Eunds. 

School Houses and Libraries. 

Schools and Attendance. 

Teaching of Agriculture. 

Compulsory Education. 

Reports. 

Enumeration. 

Examiners. 

Teachers' Institute.. 

Teachers' Pensions. 

Normal Schooi^s. 

College and Universities. 

Schools Specially Endowed. ' 



CHAPTER 1. 



SCHOOL FUNDS. 



Section 
7575. "The 



state common school fund;" tax 
levy for. 

7576. Rate designated by general assembly. 

7577. Interest upon proceeds of salt and 

swamp lands. 

7578. Proceeds of sale of swamp lands. 

7579. The "common school fund." 

7580. Accounts of common school fund. 

7581. Bequests, etc., in trust for common 

school fund. 

7582. Apportionment of school funds by au- 

ditor of state. 

7583. Apportionment to be made in February 

settlement. 

7584. Funds to be retained by county treas- 

urer. 

7585. When county line divides township. 
7%86. Board of education to fix rate of taxa- 
tion. 

7587. Levy to be divided into four funds. 

7588. Levy of taxes for special school districts. 

7589. How funds divided. 

7590. Appeal to county commissioners. 

7591. Maximum levy. 

7592. Greater tax ma.y be levied. 

7593. Notice of election. 

7594. Amount of levy to be certified to county 

auditor. 

7595. Salary of teachers. 

7596. State aid. 

7597. Certain districts not entitled to state 

aid. 



Section 

7598. When district situated in two or more 

counties. 

7599. To whom funds paid. 

7600. Apportionment of school fund. 

7601. Distribution of money after apportion- 

ment. 

7602. When county line divides original sur- 

veyed township. 

7603. Certificate of apportionment. 

7604. Depositing of school lands upon com- 

petitive bidding. 

7605. When district contains two or more 

banks. 

7606. Bids. 

7607. Districts containing less than two bmks. 

7608. What resolution, to contain. 

7609. Liability of treasurer relieved. 

7610. Neglect of certain duties by board. 

7611. Personal liability of board members. 

7612. Duty of county auditor. 

sinking FUND. 

7613. Board of commissioners of the sinking 

fund. 

7614. Who to provide funds. 

7615. Investment of sinking fund. 

7616. Sinking fund commissioners may issue 

refunding bonds. 

7617. Report of sinking fund coramissicn^rs. 

7618. Payment of bonds and interest. 

7619. Bonds issued by board of education. 



Section 7575. For the purpose of affording the ad- 
vantages of a free education to all the youth of the state, 
there shall be levied annually a tax of three hundred and 
thirty-five thousandths of one mill on the grand list of the 
taxable property of the state, to be collected as are other 
state taxes and the proceeds of which shall constitute "the 
state common school fund," and for the payment of interest 



"The state 
common school 
fund;" tax 
levy for. 



74 



SCHOOL FUNDS. 



Rate desig- 
nated by gen- 
eral assembly. 



Interest upon 
proceeds of 
salt and 
swamp lands. 



Proceeds of 
sale of swamp 
lands. 



The "common 
school fund." 



Accounts of 
common 
school fund. 



on the irreducible or trust fund debt for school purposes, 
three hundred and thirty-five ten thousandths of one mill, 
such fund to be styled "the sinking fund." 

Section 7576. The rate for such levy shall be des- 
ignated by the general assembly at least once in two years. 
If the general assembly fail to designate the rate for any 
year, it shall be one mill for the state common school fund, 
and ten one-hundredths of one mill for the sinking fund. 
(R. S. Sec. 3951.) 

Section 7577. The state shall pay interest annually, 
at the rate of six per cent per annum, upon all money 
which has been paid into the state treasury on account of 
sales of lands commonly called "salt lands," and upon all 
money paid or which may be paid into the state treasury on 
account of sales of swamp lands granted to the state by 
act of congress. The money received from such sales shall 
constitute an irreducible debt of the state; and the interest 
shall be apportioned annually on the same basis as the state 
common school fund is apportioned, and distributed to the 
several counties as hereinafter provided. (R. S. Sec. 3952.) 

Section 7578. The net proceeds hereafter paid into 
the state treasury, from the sales of swamp lands granted 
to the state by act of congress passed September 28, 1850, 
is hereby appropriated to the general fund for the support 
of common schools ; and the state is pledged to pay the 
interest annually, on all sums of money paid into the state 
treasury, from the sales of such lands, from the receipt of 
such money into the treasury. The interest so arising shall 
be distributed, annually, to the several counties of the 
state, in proportion to the number of male inhabitants above 
the age of twenty-one as the law provides for ascertaining 
the apportionment of representatives. The proportion of 
interest due to each county shall be distributed for the sup- 
port of common schools, in the respective counties, in the 
manner prescribed for the distribution of the common 
school fund. (80 v. 39 § i.) 

Section 7579. The money which has been and may 
be paid into the state treasury on account of sales of lands 
granted by congress for the support of public schools in any 
original surveyed township, or other district of country, 
shall constitute the "common school fund," of which the 
auditor of state shall be superintendent, and the income 
of which must be applied exclusively to the support of 
common schools, in the manner designated in this chapter. 
(R. S. Sec. 3953.) 

Section 7580. The common school fund shall con- 
stitute an irreducible debt of the state, on which it shall 
pay interest annually, at the rate of six per cent per annum, 
to be computed for the calendar year, the first computation 



SCHOOL FUNDS. 75 

on any payment of principal hereafter made to be from 
the time of payment to and including the thirty-first day 
of December next succeeding. The auditor of state shall 
keep an account of the fiind, and of the interest which ac- 
crues thereon, in a book or books to be provided for the 
purpose, with each original surveyed township and other 
district of country to which any part of the fund belongs, 
crediting each with its share of the fund, and showing the 
amount of interest thereon which accrues and the amount 
which is disbursed annually to each, (R. S. Sec. 3954.) 

Section 7581. When any grant or devise of land. Bequests, etc., 
or donation or bequest of money or other personal prop- >« fust for 

.• ij_ji,, , 1 ' common school 

erty, is made to the state, or to any person, or otherwise, fund. 
in trust for the common school fund, it shall become vested 
in such fund. When the money arising therefrom is paid 
into the state treasury, proper accounts thereof must be 
kept by the auditor of state, and the interest accuring there- 
from shall be applied according to the intent of the grantor, 
donor, or devisor. (R. S. Sec. 3955.) 

Section 7582. The auditor of state shall apportion Apportionment 
the state common school fund to the several counties of the funds °by 
state semi-annually, upon the basis of the enumeration of st^te*""" °^ 
youth therein, as shown by the latest abstract of enumera- 
tion transmitted to him by the state commissioner of com- 
mon schools. Before making his February settlement with 
county treasurers, he shall apportion such amount thereof 
as he estimates to have been collected up to that time, and, 
in the settlement sheet which he transmits to the auditor 
of each county, shall certify the amount payable to the 
treasurer of his county. Before making his final settle- 
ment with county treasurers each year he shall apportion 
the remainder of the whole fund collected, as nearly as it 
can be ascertained, and in the August settlement sheet 
which he transmits to the auditor of each county shall cer- 
tify the amount payable to the treasurer of his county. 
(R. S. Sec. 3956.) 

Section 7583. In each February settlement sheet the Apportionment 
state auditor shall enter the amount of money payable pebma^y'^'' *" 
to the county treasurer on the apportionment of interest settlement. 
specified in section seventy-five hundred and seventy- 
seven, and also enter in each February settlement sheet 
the amount of money payable to the county treasurer on 
account of interest for the preceding year on the common 
school fund, and designate the source or sources from 
which the interest accrued. With each February settlement 
sheet he shall transmit a certified statement, showing the 
amount of interest derived from the common school fund 
payable to each original surveyed township or other dis- 
trict of countr^y within the country. (R. S. Sec. 3956.) 



76 



SCHOOL FUNDS. 



Funds to be 
retained by- 
county 
treasurer. 



When county 
line divides 
township. 



Section 7584. The treasurer of each county, at each 
semi-annual settlement with the auditor of state, shall re- 
tain in the county treasury, from the state taxes collected 
by him, the amount of the funds herein mentioned shown 
by the settlement sheet of the auditor of state to be payable 
to him at that time. If such amount for any county ex- 
ceeds the amount of state taxes collected therein, the audi- 
tor of state shall draw an order on the treasurer of state, in 
favor of the treasurer of such county, for the balance of 
school funds due his county, and transmit it to such county 
treasurer, and the treasurer of the state shall pay such or- 
der upon its presentation to him. (R. S. Sec. 3956.) 

Section 7585. If parts of an original surveyed town- 
ship or fractional township are situated in two or more 
counties, the amount of interest on common school fund 
due to such township shall be paid in the manner provided 
in the next two preceding sections to the treasurer of the 
county wherein the greatest relative portion of such town- 
ship is situated. But if it be uncertain in which county 
such portion is situated, the amount of interest due to such 
township shall be paid to the treasurer of the oldest county 
in which any part of the township is situated. (R. S. Sec. 
3957-) 



Board of edu- 
cation to fix 
rate of 
taxation. 



Section 7586. Each board of education, annually, at 
a regular or special meeting held between the third Monday 
in April and the first Monday in June, shall fix the rate of 
taxation necessary to be levied for all school purposes, after 
the state funds are exhausted. (R. S. Sec. 3958.) 



Levy to be 
divided into 
four funds. 



Levy of taxes 
for special 
school dis- 
tricts. 



Section 7587. Such levy shall be divided by the 
board of education into four funds: First, tuition funds;, 
second, building fund; third, contingent fund; fourth, 
bonds, interest and sinking fund. A separate levy must 
be made for each fund. (R. S. Sec. 3958.) 

"A notice, by a clerk ot a board of education, of a tax voted by the 
board, to build a school house, delivered to the auditor on the llth_ day of 
June, is sufficient authority to the auditor for carrying the tax into his dupli- 
cate." II Western Law Monthly, 589. 

It is a general rule that statutes, so far as they limit a time for the 
performance of an act by a public officer, for the public benefit, are merely 
directory, when time is not the esse^ice of the thing to be done, unless there 
are negative words, and the act is valid if done afterwards. 

Tviition from non-resident pupils is to be paid to the board of educa- 
tion, and placed in the contingent fund. A teacher has absolutely no authority 
to retain money received for tuition of non-resident pupils. 

Prior to the passage of the present school code (97 O. L. 334) , a valid 
assessment for street improvements could not be levied against school prop- 
erty. Whether the division of the contingent school fund into separate 
funds by the present school code will render valid such assessments levied 
since the enactment of the school code, quaere. 15 O. D. N. P., 334; 48 
O. S., 83. 

The Attorney General inclines to the opinion that such special assess- 
ments against school property are not collectible under the present school 
code, and a test case involving this question is now pending in the Com- 
mon Pleas Court, brought at his suggestion. 

Section 7588. In all cases of special school districts 
lying wholly within one civil township, or if the special 
district lies in and is part of two or more civil townships 
of the same or different counties, or two or more special 



SCHOOL FUNDS. 

districts lie wholly or partly within one civil township, a 
tax for school purposes may be levied, not exceeding six 
mills, on the duplicate of all the taxable property in such 
township lying- outside of all city and village school districts 
therein. Such levy shall be made when a petition in writ- 
ing signed by two-thirds of the electors of such civil town- 
ship is filed with the clerk of the board of education of the 
township, by a joint board consisting of the board of educa- 
tion of that township and the board of education of the 
special school district, or of the board of education of that 
township and the boards of education of the special school 
districts as the case may be, acting in joint session, at a 
meeting or meetings to be called for that purpose, by the 
president of the township board of education between the 
third Monday in April and the first Monday in June of 
each year. If such boards fail so to meet, or fail to agree 
and make such levy then it shall be made by the county 
commissioners on the application of either board. (R. S. 
Sec. 3958a.) 

Section 7589. The funds raised from such levy shall How funds 
be divided between the board of education of the township divided. 
and of the special school district, or between the board of 
education of the township and the boards of education of 
the special school districts, as the case may be, in propor- 
tion to the number of children of that township of school 
age living in the township outside of the special school dis- 
trict and living in the township within the special school 
district or districts. In addition to the general levy by the 
joint boards, either board may levy an additional tax, not 
to exceed six mills, on the duplicate of all the taxable 
property within itst own territory. The funds arising from 
such levy shall be used only for schools within the terri- 
tory where the additional levy is made. (R. S. Sec. 3958a.) 



n 



Section 7590. If the levy so made by such boards Appeal to 
is inequitable to either, or insufficient to provide for and missio^e'rs™' 
maintain the schools in either the township or special school 
districts, either board may appeal to the county com- 
missioners of the county in which the township is situated 
to adjust and make the levy. The commissioners then may 
make such levy, not exceeding six mills, for the purposes 
named in the next two preceding sections, as they may deem 
just and equitable and sufficient to provide for and maintain 
the schools in such township and school district. If either 
of such boards of education meet to fix a levy for school 
purposes, as provided in section seventy-five hundred and 
eighty-six, before the levy is fixed by the joint board as 
above provided, and the levy so made by such board of 
education, acting independently, is more than six mills on 
the dollar of valuation of taxable property in its school 
district, then the excess of the levy above the six mills shall 
be subject to division in proportion and manner as provided 



78 



SCHOOL FUNDS. 



Maximur 
levy. 



ill the next preceding section between the township and 
special districts. (R. S. Sec. 3958a.) 

Section 7591. Except as hereinafter provided, the 
local tax levy for all school purposes shall not exceed twelve 
mills on the dollar of valuation of taxable property in any 
school district, and in city school districts shall not be less 
than six mills. Such levy shall not include any special levy 
for a specified purpose, provided for by a vote of the peo- 
ple. (R. S. Sec. 3959.) 



Greater tax 
may be 
levied. 



Section 7592. A greater or less tax than is author- 
ized above may be levied for any or all school purposes. 
Any board of education may make an additional annual 
levy of not more than five mills for any number of consecu- 
tive years not exceeding five, if the proposition to make 
such levy or levies has been submitted by the board, to a 
vote of the electors of the school district, under a resolu- 
tion prescribing the time, place and nature of the proposi- 
tion to be submitted, and approved by a majority of those 
voting on the proposition. (R. S. Sec. 3959.) 



Notice of 
election. 



Section 7593. Notice of such election must be given 
by publication of the resolution for three consecutive weeks 
prior thereto in some newspaper published and of general 
circulation in the district, or by posting copies thereof in 
five of the most conspicuous places in the district for a 
like period, if no such paper is published therein. (R. S. 
Sec. 3959.) 



Amount of 
levy to be 
certified to 
county 
auditor. 



Section 7594. The amount of the levy fixed by the 
boards of education under the next eight preceding sections, 
shall be certified to the county auditor, in writing, on or be- 
fore the first Monday in June of each year by the boards 
of education, and on or before the first Monday in August 
of each year by the county commissioners when the levy is 
made by them, who shall assess the entire amount upon all 
the taxable property of the district, and enter it upon the 
tax duplicate of the county. The county treasurer shall 
collect it at the time and in the same manner as state and 
county taxes are collected, and pay it to the treasurer of the 
district upon the warrant of the county auditor. 

Boards of education required to certify levy for building and other pur- 
poses, to the county auditor, in addition to the levy provided for in Sees. 
7591-7595; see Sec. 7626. 

Where a board of education certifies an estimate of a school tax to the 
county auditor,' who places the same on the tax list in a reduced form, a 
citizen and taxpayer of the school district who, five months thereafter, seeks 
by mandamus on his own relation, to compel the auditor to place the original 
estimate on the tax list, must satisfy the court that the board of education 
did not consent to the reduction. 39 O. S., 455. 

County commissioners to act as board of education in case the lattfr 
neglects to perform its duty; see Sec. 7610. 



Salary of 
teachers. 



Section 7595. No person shall be employed to teach 
in any public school in Ohio for less than forty dollars 
a month. When a school district has not sufficient money 



SCHOOL FUNDS. 



79 



to pay its teachers forty dollars per month for eight months 
of the year, after the board of education of such district has 
made the maximum legal school levy, three-fourths of 
which shall be for the tuition fund, then such school district 
may receive from the state treasurer sufficient money to 
make up the deficiency. (98 v. 200 §1.) 

The 78th General Assembly at its regular session, 1910, appropriated 
$50,000 to aid weak school districts. 

The purpose of this section is to aid a school district which cannot 
by levying the maximum school levy, raise money enough to pay the 
necessary teachers the sum of forty dollars per month for eight months of 
the year. 

Section 7596. A board of education having such a 
deficit must make affidavits to the county auditor, who sftall 
send a certified statement of the facts to the state auditor. 
The state auditor shall issue a voucher on the state treasurer 
in favor of the treasurer of such school district for the a- 
mount of the deficit in the tuition fund. (98 v. 200 § i.) 



State aid. 



Section 7597. No district shall be entitled to state 
aid as provided in the next two preceding sections, unless 
the number of persons of school age in such district is at 
least twenty times the number of teachers employed there- 
in. (98 v. 200 § 2.) 



Certain dis- 
tricts not en- 
titled to 
state aid. 



Section 7598. When a school district is composed of 
territory in two or more counties, the rate of taxation 
shall be ascertained by the board of education of such dis- 
trict and be certified to the auditors of the several counties, 
who must place it on the tax duphcate. It shall be collected 
as provided in section seventy-five hundred and ninety- 
four. (R. S. Sec. 3963.) 



When district 
situated in 
two or more 
counties. 



Section 7599. The funds belonging to a district com- 
posed of territory in more than one county shall be paid by 
the treasurers of the other counties to the treasurer of the 
county having the greatest tax valuation in such district. 
The auditors of other counties must make settlement on ac- 
count of such funds with the auditor of the county having 
the greatest tax valuation; and the treasurer of the district 
shah make the settlement with such auditor, required by 
section seventy-six hundred and two. (R. S. Sec. 3963.) 



To wheal 
funds paid. 



Section 7600. After each annual settlement with the 
county treasurer, each county auditor shall immediately 
apportion the school funds for his county. The state com- 
mon school fund must be apportioned in proportion to the 
enumeration of youth in each of the several school districts 
within the county, except if an enumeration of the youth 
of any district has not been taken and returned for any 
year, such district shall not be entitled to receive any por- 
tion of such fund. The local school tax collected from the 
several districts must be paid to the districts from which it 
was collected. Money received from the state on account 



Apportionment 
of school 
fund. 



Bo 



SCHOOL FUNDS. 



Distribution 
of money 
after appor- 
tionment. 



When county 
line divides 
original sur- 
veyed town- 
ship. 



Certificate of 
apportionment. 



of interest on the common school fund shall be apportioned 
to the school districts and parts of districts within the terri- 
tory designated by the auditor of state as entitled thereto, 
in proportion to the enumeration of youth therein. All 
other money in the county treasury for the support of com- 
mon schools, and not otherwise appropriated by law, shall 
be apportioned annually in the same manner as the state 
common school fund. (R. S. Sec. 3964.) 

The auditor's duty to apportion the state common school fund among 
the disti'icts, according to the number of youth is not excused by his ina- 
bility to apportion otner funds. His failure to apportion such fund does 
not authorize the township school board to treat it as a contingent fund and 
apportion it at discretion. Hence the indebtedness of the township board for 
building school houses in an amount exceeding all the funds is no defense 
to a salary order of a teacher in a sub-district, entitled to one-fourth of the 
state common school fund, its contingent fund being exhausted, 9 C. C, 13. 

Section 7601. Immediately after such apportionment 
is made, the auditor must enter it in a book to be kept for 
that purpose, and furnish a certified copy of the apportion- 
ment to each school treasurer and clerk in his county. He 
shall give to each of such' treasurers an order on the county 
treasurer for the amount of money payable to him, and take 
his receipt therefor. (R, S. Sec, 3965.) 

Boards of education can leave school moneys in county treasury and 
draw the same from time to time in amounts of not less than one hundred 
dollars: see Sec. 2690. 

County auditors shall in no case permit treasurer to have in his hands 
school funds amounting to more than the amount of his bond; see Sec. 4769. 

Section 7602. When an original surveyed township 
or fractional township is situated in two or more counties, 
and the land granted thereto by congress for the support 
of public schools has been sold, the auditor of the county 
to whose treasurer the interest on the proceeds of such sale 
is paid must apportion such interest to the counties in which 
such township is situated, in proportion to the youth of the 
township enumerated in each. Such auditor shall certify 
to the auditor of each of the other counties the amount 
so ascertained to belong to the part of the township situated 
in his county, and transmit to the treasurer of each of such 
counties an order on the treasurer of his own county for 
such amount. The auditor of each county shall apportion 
the amount of such interest belonging to the part of the 
township in his county, to the districts or parts of districts 
entitled thereto, in proportion to the enumeration of youth 
therein, and certify and pay it to the proper school officers, 
as provided in the next preceding section. (R. S. Sec. 
3966.) 

Section 7603. The certificate of apportionment fur- 
nished by the county auditor to the treasurer and clerk of 
each school district must exhibit the amount of money re- 
ceived by each district from the state, the amount received 
xfrom any special tax levy made for a particular purpose, 
and the amount received from local taxation of a general 
nature. The amount received from the state common 
school fund and the common school fund shall be desig- 



SCHOOL FUNDS. 8 

nated the "tuition fund" and be appropriated only for the 
payment of superintendents and teachers. Funds received 
from special levies must be designated in accordance with 
the purpose for which the special levy was made and be 
paid out only for such purpose, except that, when a balance 
remains in such fund after all expenses incident to the pur- 
pose for which it was raised have been paid, such balance 
will become a part of the contingent fund and the board of 
education shall make such transfer by resolution. Funds 
received from the local levy for general purposes must be 
designated so as to correspond to the particular purpose for 
which the levy was made. Moneys coming from sources 
not enumerated herein shall be placed in the contingent 
fund. (R. S. Sec. 3967.) 

Section 7604. The board of education of any school Depositing of 
district by resolution shall provide for the deposit of any up''on°'competi- 
or all moneys coming into the hands of its treasurer. But tive bidding, 
no bank shall receive a deposit larger than the amount of its 
paid in capital stock, and in no event to exceed three hun- 
dred thousand dollars. 

Capital stock means capital; hence unincorporated as well as incorpo- 
rated banks may become depositaries. This section prior to amendment of 
1910, held to be mandatory after passage of resolution. 15 O. D. N. P., 720. 

Section 7605. In school districts containing two or ^vhen district 
more banks such deposit shall be made in the bank or banks, contains two 

11 . . '^ . . 1 . 1 1 . ^^ , , . 1 or more banks. 

Situated therein, that at competitive bidding otter the high- 
est rate of interest which must be at least two per cent for 
the full time funds or any part thereof are on deposit. Such 
bank or banks shall give a good and sufficient bond or shall 
deposit bonds of United States, the state of Ohio, or county, 
municipal, township or school bonds issued by the authority 
of the state of Ohio at the option of the board of education 
in a sum not less than the amount deposited. The treasurer 
of the school district must see that a greater sum than that 
contained in the bond is not deposited in such bank or banks 
and he and his bondsmen shall be liabale for any loss occa- 
sioned by deposits in excess of such bond. 

No school funds can be deposited in any bank unless interest not less 
than two percent is paid upon school deposits. 



Section 7606. The board shall determine in such 
resolution the method by which bids shall be received, the 
authority which is to receive them, the time for which such 
deposits shall be made and all details for carrying into ef- 
fect the authority herein given. All proceedings in con- 
nection with sticli competitive bidding and deposit of moneys 
must be so conducted as to insure full publicity and shall 
be open at all times to public inspection. If in the opinion 
of a board of education there has been any collusion be- 
tween the bidders, it mav reject any or all bids and arrange 
for the denosit of funds in a bank or banks without the 
district as hereinafter provided for in districts not having 
two or more banks located therein. (R. S. Sec. 3968.) 
6 s. L. 



Bids. 



82 



SCHOOL FUNDS. 



Districts con- 
taining less 
than two 
banks. 



What resolu- 
tion to con- 
tain. 



Liability of 

treasurer 

relieved. 



Neglect of 
certain duties 
by board. 



Section 7607. In all school districts containing less 
than two banks, after the adoption of a resolution providing 
for the deposit of its funds, the board of education may 
enter into a contract with one or more banks that are con- 
veniently located and offer the highest rate of interest, 
which shall not be less than two percent for the full time 
the funds or any part thereof are on deposit. Such bank 
or banks shall give good and sufficient bond or shall deposit 
bonds of United States, the state of Ohio, or county, mu- 
nicipal, township or school bonds issued by the authority 
of the state of Ohio at the option of the board of education 
in a sum at least equal to the amount deposited. The treas- 
urer of the school district must see that a greater sum than 
that contained in the bond is not deposited in such bank or 
banks, and he and his bondsmen shall be liable for any loss 
occasioned by deposits in excess of such bond. 

Section 7608. The resolution and contract in the next* 
four preceding sections provided for, shall set forth fully 
all details necessary to carry into effect the authority there- 
in given. All proceedings connected with the adoption of 
such resolution and the making of such contract must be 
conducted in such a manner as to insure full publicity and 
shall be open at all times to public inspection. (R. S. Sec. 
3968.) 

Section 7609. When a depository is lawfully provid- 
ed, and the funds are deposited therein, the treasurer of the 
school district and his bondsmen shall be relieved from any 
liability occasioned by the failure of the bank or banks of 
deposit or by the failure of the sureties therefor, or by the 
failure of either of them, except as above provided in cases 
of excessive deposits. 

Section 7610. If the board of education in a district 
fails in any year to estimate and certify the levy for a con- 
tingent fund as required by this chapter, or if the amount 
so certified is deemed insufficient for school purposes, or 
if it fails to provide sufficient school privileges for all the 
youth of school age in the district or to provide for the con- 
tinuance of any school in the district for at least thirty-two 
weeks in the year, or to provide for each school an equitable 
share of school advantages as required by this title, or to 
provide suitable school houses for all the schools under its 
control, or to elect a superintendent or teachers, or to pay 
their salaries, or to pay out any other school money needed 
in school administration, or to fill any vacancies in the board 
within the period of thirty davs after such vacancies occur, 
the commissioners of the county to which such district be- 
longs, upon being advised and satisfied thereof, shall per- 
form any or all of such duties and acts, in the same man- 
ner as the board of education by this title is authorized to 
perform them. All salaries and other money so paid by the 
commissioners of the county, shall be paid out of the county 



SCHOOL FUNDS. ' 83 

treasury as are other county expenses, but they shall be a 
charge against the school district for which the money was 
paid. The amount so paid shall be retained by the county 
auditor from the proper funds due to such school district, at 
the time of making the semi-annual distribution of taxes. 
(R. S. Sec. 3969.) 

County commissioners can only employ teachers when the township 
board of eaucation fails to do so; and when they have suspended school 
in two subdistricts and provided transportation to other districts it is not a 
failure to make lawful provision for school in such district and the county 
commissioners cannot interfere. Wayne Tp. (Bd. of Ed.) v. Shaul, 17 Dec. 
269 (4 N. S. 433.) 

When the county commissioners have wrongfully interfered with the 
management of township schools the remedy of the township board of edu- 
cation is by injunction. Wayne Tp. (Bd. of Ed.) v. Shaul, 17 Dec. 269 
(4 N. S. 433). 

A county commissioner cannot hold the office of member of the board 
of education of any school district within the county for which he is such 
commissioner. 

Section 761 i. The members of a board who cause Personal liabii- 
such failure shall be each severally liable, in a penalty not to m^mber^s!^'^'^ 
exceed fifty dollars nor less than twenty-five dollars, to be 
recovered in a civil action in the name of the state upon com- 
plaint of any elector of the district, which sum must be col- 
lected by the prosecuting attorney of the county and when 
collected be paid into the treasury of the county, for the 
benefit of the school or schools of the district. (R. S. Sec. 
3969-) 

Section 7612. The auditor of each county shall col- ^uty of 
lect, or cause to be collected, all fines and other money for county au- 
the support of common schools in his county, and pay them 
to the county treasurer. He also must inspect all accounts 
of interest accruing on account of section sixteen, or other 
school lands, whether it is payable by the state or by the 
debtors ; and take all proper measures to secure to each 
school district in his county the full amount of school funds 
to which it is entitled. (R. S. Sec. 3970.) 

FINES' to be paid INTO SCHOOL FUND. 

Sees. 2605 and 2606. Penalty against county auditors for failing to re- 
port to state auditor. 

Sec. 260?. Relating to dog tax. 

Sec. 2924. Relating to the disposition of the proceeds of the sale of 
timber growing on state or school lands, unlawfully cut down. 

Sees. 12465 and 12466. Providing for the disposition of the proceeds of 
the sale of unclaimed property, stolen, embezzled, or obtained under false 
pretenses. 

Sec. 3192. Penalty against township trustees and treasurers who refuse 
to serve. 

Sec. 3304. Penalty against township clerk for failure to make detailed 
statement. 

Sec. 3358. Penalty against assessors for neglecting or refusing to make 
out and return statistics. 

Sec. 3359. Penalty against any person, company, or corporation, refusing 
to make out and deliver a statement of facts for taxation. 

Sec. 8369. Relating to the_ proceeds of the sale of unclaimed goods by 
express companies, common carriers, etc. 

Sec. 923S. Penalty for avoiding toll on turnpikes or plank road. 

Sec. 7611. Penalty against member of board of education who fails to 
perform certain duties. 

Sec. 7802. Penalty against the clerk of a local board for failure to take 
the school enumeration. 

Sec. 4772. Penalty against treasurers of school districts for failure to 
make annual settlement. 

Sec. 7790. Penalty against county auditors and clerks of boards of 
education for failing to make certain reports. 

Sec. 7792. Penalty against county auditors for failure to make enumera- 
tion return. 



84 



SCHOOL FUNDS. 



Board of com- 
missioners of 
the sinking 
fund. 



Sec. 7867. Penalty against institute committee for failure to make re- 
quired report. 

Sees. 5808 and 6814. Penalty for allowing certain animals to run at 
large. 

Sec. 6321. Penalty against owners or keepers of wharf boats. 

Sec. 6350. Relating to peddlers' license. 

Sec. 6497. Penalty against auditors, engineers, commissioners, and pro- 
bate judges, who fail to perform certain duties relating to county ditcnes, 
sinkholes, etc, 

SINKING FUND. 

Section 7613. In any school district having a bonded 
indebtedness, for the payment of which, with interest, no 
provision has been made by a special tax levy for that par- 
ticular purpose, the board of education of such district annu- 
ally, on or before the thirty-first day of August, shall set 
aside from its revenue a sum equal to not less than one- 
fortieth of such indebtedness together with a sum sufficient 
to pay the annual interest thereon. (97 v. 352 § i.) 



Who to pro- 
vide funds. 



Section 7614. The board of education of every dis- 
trict shall provide a sinking fund for the extinguishment 
of all its bonded indebtedness, which fund shall be managed 
and controlled by a board of commissioners designated as 

the "board of commissioners of the sinking fund of 

...." (insert the name of the district), which shall be 
composed of five electors thereof, and be appointed by the 
common pleas court of the county in which such district is 
chiefly located, except that, in city or village districts the 
board of commissioners of the sinking fund of the city or 
village may be the board of the school district. Such com- 
missioners shall serve without compensation and give such 
bond as the board of education requires and approves. 
Any surety company authorized to sign such bonds may be 
accepted by such board of education as surety. The cost 
thereof, together with all necessary expenses of such com- 
missioners shall be paid by them out of the funds under 
their control. (97 v. 352 §1.) 

Sinking fund commissioners have control and management of school 
district's sinlcing fund, but treasurer of board of education has custody 
thereof. 16 O. D. N. P., 386. 



Investment of 
sinking fund. 



Section 7615. The board of commissioners of the 
sinking fund shall invest that fund in bonds of the United 
States, of the state of Ohio, of any municipal corporation, 
county, township or school district of any state or in bonds 
of its own issue. All interest received from such invest- 
ments shall be deposited as other funds of such sinking 
fund and reinvested in like manner. For the extinguish- 
ment of any bonded indebtedness included in such fund, the 
board of commissioners may sell or use, any of the securi- 
ties or mone)^ of such fund. ('98 v. 45 § 2.) 



Sinking fund 
commissioners 
may issue re- 
funding bonds. 



Section 7616. The board of commissioners of the sink- 
ing fund may refund, extend or renew the bonded debt of 
the school district or any part thereof, existing April 25. 
1904, by issuing the bonds of such school district for such 
periods, not exceeding twenty years, ih such denomination, 



SCHOOL FUNDS. 



8S 



payable at such place and at a rate of interest not to exceed 
the rate previous to such refunding, extension or renewal. 
But the aggregate amount of the refunding, extending or 
renewing bonds so issued shall not exceed that of the bonds 
so refunded, extended or renewed, (97 v. 353 § 3.) 

Section 7617. The board of commissioners of the Report of 
sinking fund shall make an annual report to the board of comm^sfoner' 
education giving a detailed statement of the sinking fund for 
each year ending with August thirty-first. Such report 
must be filed with the board of education on or before 
September thirtieth of each year and other reports may be 
required by such board of education when deemed neces- 
sary. (98 V. 45 § 4.) 

Section 7618. The board of education shall appro- 
priate to the use of such sinking fund any taxes levied for 
the payment of interest on its bonded indebtedness, together 
with the sum provided for in sections seventy-six hundred 
thirteen and seventy-six hundred and fourteen. Sums so 
appropriated shall be applied to no other purpose than the 
payment of such bonds, interest thereon and necessary ex- 
penses of such sinking fund commission. (98 v. 45 § 4.) 

Section 7619. When a board of education issues 
bonds for any purpose, such issue first shall be offered for 
sale to the board of commissioners of the sinking fund, who 
may buy any or all of such bonds at par. Within five days 
of the time when notice is given, the board shall notify the 
board of education of its action upon the proposed purchase. 
After that time the board of education shall issue any por- 
tion not purchased by such commission according to law. 
(98 V. 45 § 4- ) 



Payment of 
bonds and 
interest. 



Bonds , issued 
by board of 
education. 



CHAPTER 2. 



SCHOOL HOUSES AND LIBRARIES. 



Section 



SCHOOL HOUSES. 



7620. School houses. 

7621. Display of U. S. flag. 

7622. Regulating use of school houses. 

7623. Directions for bidding and for letting 

contracts. 
7Ci2i. Appropriation of land for school pur- 
poses. 

7625. Submission of question of bond issue. 

7626. If question approved, board may issue 

such bonds. 

7627. Requisites of bonds. 

7628. Tax levy to pay bonds thus issued. 

7629. Issue of bonds by boards of education. 

7630. Limit of issue. 



LIBRARIES. 

Section 

7631. Establishment of public library. 

7632. Taxation. 

7633. Libraries jointly owned by two or more 

school districts. 

7634. Board of trustees, appointment, term. 

7635. Management and control of library. 
7630. Library trustees, number and eligibility 

of. 

7637. Powers of board. 

7638. May acquire land. 

7639. Library fund; how provided and main- 

tained. 
7610. Payments from library fund. 

7641. Board of education may contract with 

library association for use of library. 

7642. School library. 

7643. Museum. 



Powers and 
duties of 
boards of 
education. 



SCHOOL HOUSES. 

Section 7620. The board of education of a district 
may build, enlarge, repair and furnish the necessary school 
houses, purchase or lease sites therefor, or rights of way 
thereto, or purchase or lease real estate to be used as play- 
grounds for children, or rent suitable schoolrooms, provide 
the necessary apparatus and make all other necessary pro- 
visions for the schools under its control. It also, shall 
provide fuel for 'schools, build and keep in good repair 
fences inclosing such school houses, when deemed desirable 
plant shade and ornamental trees on the school grounds, 
and make all other provisions necessary for the convenience 
and prosperity of the schools within the subdistricts. 



3707. 



Courts of common pleas may authorize an exchange of school lots; Sec. 

County commissioners may act as board of education under certain 
circumstances; Sec. 7610. 

Penalty for destroying plants or trees; See. 12490. 

Penalty for using school house without certificate of inspector; Sec. 
12574. 

A school board is not liable as such for an injury to a pupil arising 
from negligence in the erection and maintenance of a public school building. 
30 O. S., 37. 

A board of education will be enjoined in the exercise of its discretion 
where it attempts without any valid reason or necessity to expend the public 
funds for the erection of a new school house in another place in the district 
when the old one is suitable and satisfactory and located near the center 
of the district. 13 C. C, 258. 

Statutes do not require advertisement for bids nor letting of contract 
for coal to lowest bidder. Gosline v. Toledo (Bd. of Ed.), 30 O. C. C, 503 
(11 N. S. 195.) 

The law requires, under severe penalties to be visited on those who have 
control thereof, that "all school houses are to have ample means of convenient 
egress, and doors opening outward." For requirements as to certificates 
regarding the safety of such buildings, and the penalties relating to neglect, 
see Sections 1031-1036. 

Concerning the full power of boards of education, teachers, or other 
citizens, to secure protection against the injury or defacement of "school 
houses, school yards, trees, fences, gates and bars," see General Code, 
section 12477, also section 12487. Any citizen may prosecute the transgressor 
in these cases. School houses, school furniture, and other school property 
belonging to the township, and not to the subdistrict, are entirely under the 
legal control of the township board. 

86 



SCHOOL HOUSES AND LIBRARIES. 



87 



It is the duty of the township board of education to exercise such super- 
vision over the school houses in the several subdistricts, as may be neces- 
sary to prevent their being used in such a manner and for such purposes 
as may interfere with their use, for the legitimate and special purposes for 
which they were erected. 



Section 7621. All boards of education are required to 
display the United States national flag upon all school-houses 
under their control, during all day school sessions in fair 
weather, which shall be displayed on the inside of the school- 
house on all other days. Such boards shall make all rules 
and necessary regulations for the care and keeping of such 
flags, the expense thereof to be paid out of their contingent 
funds. (92 V. 86 § i.) 



Display of 
U. S. flag. 



Section 7622. When, in the judgment of a board of 
education, it will be for the advantage of the children re- 
siding in any school district to hold literary societies, school 
exhibitions, singing schools, religious exercises, select or 
normal schools, the board of education shall authorize the 
opening of the school-houses for such purposes. The board 
of education of a school district in its discretion may author- 
ize the opening of such school-houses for any other lawful 
purposes. But nothing herein shall authorize a board of 
education to rent or lease a schoolhouse when such rental 
or lease in any wise interferes with the public schools in 
such district, or for any purpose other than is authorized 
by this chapter. (R. S. Sec. 3987-1.) 

Powers of boards of education; Sec. 4749. 

Leasing a school house for a private school is a violation of the trust, 
and is not within the power of "disposing" of property in Sec. 3971, and a 
resident taxpas'er may obtain injunction. 35 O. S., 143. 

School houses shovild not be. open for any purpose concerning the moral 
effect of which there is a difference of opinion among the residents of the 
district. 



Regulating 

use of 

school houses. 



Section 7623. When a board of education determines Directions for 
to build, repair, enlarge or furnish a school-house or school- for'^'jeftin"^ 
houses, or make any improvement or repair provided for in contracts, 
this chapter, the cost of which will exceed in city districts, 
fifteen hundred dollars, and in other districts five hundred 
dollars, except in cases of urgent necessity, or for the se- 
curity and protection of school property, it must proceed as 
follows : 

1. For the period of four weeks, the board shall adver- 
tise for bids in some newspaper of general circulation in the 
district, and two such papers, if there are so many. If no 
newspaper has a general circulation therein, then by posting 
such advertisement in three public places therein. Such ad- 
vertisement shall be entered in full by the clerk on the re- 
cord of the proceedings of the board. 

2. The bids, duly sealed up, must be filed with clerk 
by twelve o'clock, noon, of the last day stated in the adver- 
tisement. 

3. The bids shall be opened at the next meeting of the 
board, be publicly read by the clerk, and entered in full on 
the records of the board. 



8 SCtiOOL HOUSES ANl) LIBRARIES. 

4. Each bid must contain the name of every person 
interested therein, and, shall be accompanied by a sufficient 
guarantee of some disinterested person, that if the bid be 
accepted, a contract will be entered into, and the perform- 
ance of it properly secured. 

5. When both labor and materials are embraced in the 
work bid for, each must be separately stated in the bid, with 
the price thereof. 

6. None but the lowest responsible bid shall be ac- 
cepted. The board in its discretion may reject all the bids, 
or accept any bid for both labor and material for such im- 
provement or repair, which is the lowest in the aggregate. 

7. Any part of a bid which is lower than the same part 
of any other bid, shall be accepted, whether the residue of 
the bid is higher or not; and if it is higher, such residue 

. must be rejected. 

8. The contract must be between the board of educa- 
tion and the bidders. The board shall pay the contract 
price for the work, when it is completed, in cash, ana may 
pay monthly estimates as the work progresses. 

9. When two or more bids are equal, in the whole, or 
in any part thereof, and are lower than any others, either 
may be accepted, but in no case shall the work be divided be- 
tween such bidders. 

10. When there is reason to believe that there is collu- 
sion or combination among the bidders, or any number of 
them, the bids of those concerned therein shall be rejected. 
(R. S. Sec. 3988.) 

Letting contracts for school houses when cost amounts to $10,000 or more; 
see Sees. 2362, 2363, 2364. 

Where the board awarded a contract to build a school house to the 
lowest responsible bidder for the wliole work, but whose bid was defective, 
in that it did not state the price separately of labor and materials, and the 
relator's bid for labor and materials was the lowest offered, and yet was 
defective, in not having a sufficient guarantee, and he had notified the 
board that his bid was for the whole work or none; Held, that relator must 
show clear, legal right in himself, and cannot avail himself of defects in the 
other's bid; that defects may be waived where no public injury is worked 
thereby; that relator cannot complain that the whole work was awarded to a 
lower bidder, although his bid for a part was the lowest offered. 42 O. S. 374. 

A bid under this section which separately states the labor and material, 
with the price of each, and with the provision attached that it if to be 
accepted as a whole, does not comply with this section. 4 N. P., 44. 

The discretion of a board as to what system of apparatus it will put 
in cannot be controlled either by mandamus or injunction. Such bids are 
not competitive. 14 C. C, 15. 

In order that one who has bid on public work can maintain an action 
of mandamus, he must show that he is the one with whom the contract 
should be made, regardless of anybody's else rights. 14 C. C, 19. 

A bid on heating and ventilating apparatus need not separately state the 
cost of labor and materials entering into the same. Id. 23. 

When an advertisement for bids for public work is required, the board 
may reject them. 13 C. C, 603. 

When an advertisement is not necessary, the board may make such 
stipulations as it desires. Id. 

A board of education can not allow a contractor to amend and in- 
crease his bid on account of a mistake not appearing on the face of his 
bid after the bids of the other contractors have been opened and seen by him. 
19 Dec. 89 (7 N. S. 590), 

Appropriation SECTION 7624. When it is necessary to procure or en- 

of land for large 3. school site, and the board of education and the own- 
pose*. ^^^' er of the proposed site or addition are unable to agree upon 
the sale and purchase thereof, the board shall make an ac- 
curate plat and description of the parcel of land which it de- 
sires for such purposes, and file them with the probate judge, 



School houses ANt) libraries. o 

or court of insolvency, of the proper county. Thereupon 
the same proceedings of appropriation shall be had which 
are provided for the appropriation of private property by 
municipal corporation. (R. S. Sec. 3990.) 

Section 7625. When the board of education of any 
school district determines that for the proper accommoda- 
tion of the schools of such district it is necessary to pur- 
chase a site or sites to erect a schoolhouse or houses, to 
complete a partially built schoolhouse, to enlarge, repair or 
furnish a schoolhouse, or to purchase real estate for play- 
ground for children, or to do any or all of such things, 
that the funds at its disposal or that can be raised under 
the provisions of sections seventy-six hundred and twenty- 
nine and seventy-six hundred and thirty, are not sufficient 
to accomplish the purpose and that a bond issue is neces- 
sary, the board shall make an estimate of the probable 
amount of money required for such purpose or purposes 
and at a general election or special election called for that 
purpose, submit to the electors of the district the question 
of the issuing of bonds for the amount so estimated. 
Notices of the election required herein shall be given in 
the manner provided by law for school elections. 

A board of education can purchase a site, erect a school house, complete 
a partially built school house, etc. 

When a proposition for a bond issue for erection or equipment of a 
school house has been voted down three times, further submission of the 
proposition may be enjoined as an abuse of discretion and authority on the 
part of the board. 19 Dec. 80 (7 N.. S. 590). 

Section 5654. When there is in the treasury of any city, vil- Transfer of 
lage, county, township or school district, a surplus of the proceeds surplus of 
of a special tax, or of proceeds of a loan for a special purpose, ^^^"^^ ^^^ °'' 
which is not needed for the purpose for which the tax was Jevied, 
or the loan made, it may be transferred to the general fund by 
an order of the proper authorities entered on their minutes. (R. 
S. Sec. 2834.) - 

Section 5655. When there is in the treasiiry of such civil Reappropria- 
division, as provided in the next preceding section, at the annual tion and trans- 
meeting or meetings otherwise provided by law at which the iv^^estabfished^ 
annual tax levy is to be considered and adopted, a surplus not fund, 
exceeding one thousands dollars in any one established fund or 
division of the funds, which is not needed for the purpose for 
which the fund was created, the money appropriated, or the tax 
levied, before such annual tax levy is made, it may be consid- 
ered as unappropriated and may be reappropriated and trans- 
ferred, by an order as is provided in such section, to another 
existing fund for which a tax is to be or would otherwise be 
levied. The sum which it would be necessary to raise by tax- 
ation for any purpose, if no such reapportionment was made, 
shall thereupon be reduced to the extent of the transfer thus i 

made. This section shall not authorize such reapportionments 
or any transfer of funds at any other time than the meeting 
aforesaid to determine the tax levy nor authorize transfers at 
any one such meeting of over three thousand dollars in the . 
aggregate, nor that the amount which may be lawfully raised by 
taxation for any purpose may be increased by such transfer. (R. 
S. Sec. 2834.) 



90 



SCHOOL HOUSES AND LIBRARIES. 



Power to bor- 
row to extend 
time, of debt. 



Section 565C. The trustees of a township, the board of 
education of a school district and the commissioners of a county, 
for the purpose of extending the time of payment of any indebt- 
edness, which from its limits of taxation such township, district 
or county is unable to pay at maturity, may borrow money or 
issue the bonds thereof, so as to change, but not increase the 
indebtedness in the amounts, for the length of time and at the 
rate of interest that said trustees, board or commissioners deem 
proper, not to exceed the rate of six per cent per annum, pay- 
able annually or semi-annually. (R. S. Sec. 2834a.) 

The contract must have been made and must have been valid when 
made, and the board of education must find itself unable to pay its obligation 
under the contract, before money may be borrowed under this section. 



Power to ex- 
change bonds. 



Resolution as 
to such debts. 



Levy to meet 
payment of 
bonds. 



Certificate of 
clerk neces- 
sary in cer- 
tain cases. 



Section 5657. When it appears to the trustees of a town- 
ship, board of education of a school district or commissioners 
of a county, to be for the best interests of such township, school 
district or county to renew, refund or extend the time of pay- 
ment of any bonded indebtedness which has not matured and 
thereby reduce the rate of interest thereon, they may issue, for 
that purpose, new bonds, and exchange the bonds with the holder 
or holders of such outstanding bonds if such holder or holders 
consent to make such exchange and to such reduction of interest. 
(R. S. Sec. 2834a.) 

Section 5658. No indebtedness of a township, school dis- 
trict or county shall be funded, refunded or extended unless such 
indebtedness is first determined to be an existing, valid and bind- 
ing obligation of such township, school district or county by a 
formal resolution of the trustees, board of education or commis- 
sioners thereof, respectively. Such resolution shall state the amount 
of the existing indebtedness to be funded, refunded or extended, 
the aggregate amount of bonds to be issued therefor, their num.- 
ber and denomination, the date of their maturity, the rate of 
interest they shall bear and the place of payment of principal and 
interest. (R. S. Sec. 2834a.) 

Section 5659. For the payment of the bonds issued under 
the next three preceding sections, the township trustees, board of 
education or county commissioners shall levy a tax, in addition to 
the amount otherwise authorized, each year during the period the 
bonds have to run sufficient in amount to pay the accruing in- 
terest and the bonds as they mature. (R. S. Sec. 2834a.) 

Section 5660. The commissioners of a county, the trustees 
of a township and the board of education of a school district, 
shall not enter into any contract, agreement or obligation in- 
volving the expenditure of money, or pass any resolution or order 
for the appropriation or expenditure of money, unless the auditor 
or clerk thereof, respectively, first certifies that the money re- 
quired for the payment of such obligation or appropriation is in 
the treasury to the credit of the fund from which it is to be 
drawn, or has been levied and placed on the duplicate, and in 
process of collection and not appropriated for any other purpose; 
money to be derived from lawfully authorized bonds sold and in 
process of delivery shall, for the purpose of this section, be 
deemed in the treasury and in the appropriate fund. Such certifi- 
cate shall be filed and forthwith recorded, and the sums so certi- 
fied shall not thereafter be considered unappropriated until the 
county, township or board of education, is fully discharged from 
the contract, agreement or obligation, or as long as the order or 
resolution is in force. 

Held unconstitutional for lack of uniformity of operation^ in so far 
as it applies to boards of education, and failure to comply with require- 
ments of this section in incurring an obligation does not render an obliga- 
tion void; but even if failure to comply with statutory requirements should 
render a note given by a board of education unenforceable at law, courts 
will not enjoin its collection. 8 O. C. C, N. S., 305 (Affirmed without re- 
port,' 78 O. S., 443.) See also 11 O. C. C, 41 (Affirm.ed 53 O. S., 656.) 



gCtlOOL HOUSES AND LIBRARIES, 



9t 



Section 5661. All contracts, agreements or obligations, and 
orders or resolutions entered into or passed contrary to the pro- 
visions of the next preceding section, shall be void, but such sec- 
tion shall not apply to the contracts authorized to be made by 
other provisions of law for the employment of teachers, officers, 
and other school employes of boards of education. (R. S. Sec. 
2834b.) 

See McAlexander v. Haviland School District. 19 Dec. 89 (7 N. S. 590.) 

When the statute requires that notice shall be given of the matter to be 

acted on, a failure to insert such matter will render void any act done with 

respect to the matter not so embraced as required. 18 Maine, 184; 12 Gushing, 

29i. 

It cannot be too often repeated that a board of education speaks only- 
through its records. Its acts, findings, and determinations are only known 
by its records. Hence, although the words of the statute may not clearly 
settle the question, yet it is safest to assume that this determinaion is to be 
an oiKcial determination. Purchasers of bonds are likely to scrutinize such 
matters closely, and they will question whether the board acquires juris- 
diction to take steps for raising a tax unless it first officially "ascertains" and 
"determines" all the preliminary facts mentioned in the statute, and makes a 
record of such finding. 



Exceptions 
thereto. 



bonds. 



Section 7626. If a majority of the electors, voting on if question 
the proposition to issue bonds, vote in favor thereof, the ^oard^ma 
board thereby shall be authorized to issue bonds for the issue such 
amount indicated by the vote. The issue and sale thereof 
shall be provided for by a resolution fixing the amount of 
each bond, the length of time they shall run, the rate of 
interest they shall bear, and the time of sale, which may be 
by competitive bidding at the discretion of the board. (R. 
S. Sec. 3992.) 



Section 7627. Such bonds shall bear a rate of inter- 
est not to exceed six per cent per annum payable semi- 
anuually, be made payable within at least forty years from 
the date thereof, be numbered consecutively, made payable 
to the bearer, bear date of the day of sale and be signed 
by the president and clerk of the board of education. The 
clerk of the board must keep a record of the number, date, 
amount, and the rate of interest of each bond sold, the 
amount received for it, the name of the person to whom 
sold, and the time when payable, which record shall be open 
to the inspection of the public at all reasonable times. 
Bonds so issued shall in no case be sold for less than their 
par value, nor bear interest until the purchase money for 
them has been paid. (R. S. Sec. 3992.) 



Requisites 
of bonds. 



Section 7628. When an issue of bonds has been pro- Tax levy to 
vided for under the next three preceding sections, the board P^y bonds 
of education, annually, shall certify to the county auditor 
or auditors as the case may require, a tax levy sufficient to 
pay such bonded indebtedness as it falls due together with 
accrued interest thereon. Such county auditor or auditors 
must place such levy on the tax duplicate. It shall be col- ■ 
lected and paid to the board of education as other taxes are. 
Such tax levy shall be in addition to the maximum levy for 
school purposes, and must be kept in a separate fund and 
applied only to the payment of the bonds and interest for 
which it was levied. (R. S. Sec. 3993.) 



94 



SCHOOL HOUSES AND LItoARlfiS. 



Mandamus is the proper remedy to compel the board to appropriate 
moneys already in their treasury for that purpose, toward the payment of 
such bonds, and to levy such tax as may be necessary to complete such 
payment. 27 O. S., 96. 

A board of education agreed to borrow a sum of money at an aggregate 
rate of interest of fifteen per cent., in manner following: For the amount 
so to be borrowed, bonds were to be issued bearing the authorized rate of 
interest, and for the excess of interest, orders on the- treasury were to be 
issued, payable at the same time as the legal interest. The bonds were 
regularly issued, bearing eight per cent, interest, and sold at par, and the 
money was received and used as authorized. For the excess of interest, 
orders on the treasury were at the same time issued and delivered to the 
purchaser, as agreed to by the parties, but were never presented for payment, 
and after their maturity, he offered to return them for cancellation: Held, 
that this agreement to pay excess of interest is void, and, having never been 
executed in whole or in part, will not avoid a recovery on the bonds. 35 
O. S., 519. 

Certain bonds were issued by a board of education; they were afterwards 
redeemed before maturity, and placed in the hands of the treasurer for de- 
struction. The treasurer failed to destroy them, but fraudulently used them 
as collateral security for an individual loan by an innocent third person : 
Held, that the board was not liable for the payment of the same. 41 O. S., 504. 



SALE OF PUBLIC BONDS. - , 

Advertisement SECTION 2294. All bonds issued by boards of county com- 

of sale. missionefs, boards of education, or commissioners of free turn- 

pikes, shall be sold to the highest bidder after being advertised 
three times, weekly, in a newspaper having general circulation 
in the county where the bonds are issued, and, if, the amount of 
bonds to be sold exceeds twenty thousand dollars, in an addi- 
tional newspaper having general circulation in the state, three 
• times, weekly. The advertisement shall state the total amount of 

bonds to be sold, the amount of each bond, how long they are 
to run, the rate of interest to be paid thereon, whether annually 
or semi-annually, the law or section of law authorizing the issue, 
the day, hour and place in the county where they are to be sold. 
(80 V. 68 § 1.) 



How sold; 

when bids re- 
jected. 



Section 2295. None of such bonds shall be sold for less 
than the face thereof, with any interest that may have accrued 
thereon, and the privilege shall be reserved of rejection of any or 
all bids. If bids are rejected the bonds shall again be advertised. 
All moneys from both principal and premiums on the sale of 
such bonds, shall be credited to the fund on account of which 
the bonds are issued and sold. (80 v. 68 § 1.) 



Issue of bonds 
by boards of 
education. 



Section 7629. The board of education of any school 
district may issue bonds to obtain or improve public school 
property, and in anticipation of income from taxes, for 
such purposes, levied or to be levied, from time to time, as 
occasion requires, may issue and sell bonds, under the re- 
strictions and bearing a rate of interest specified in sections 
seventy-six hundred and twenty-six and seventy-six hun- 
dred and twenty-seven. The board shall pay such bonds 
and the interest thereon when due, but provide that no 
greater amount of bonds be issued in any year than would 
equal the aggregate of a tax at the rate of two mills, for 
the year next preceding such issue. The order to issue 
bonds shall be made only at a regular meeting of the board 
and by a vote of two-thirds of its full membership, taken 
by yeas and nays and entered upon its journal. (R. S. 
Sec. 3994.) 

A board of education will have power to issue such amount of bonds 
in any one year as does not exceed in the aggregate a tax at the rate of two 
mills for the year next preceding the issue. 



SCHOOL HOUSES AND LIBRARIES. 93 



Section 7630. In no case shall a board of education 
issue bonds under the provisions of the next preceding sec- 
tion in a greater amount than can be provided for and paid 
with the tax levy authorized by sections seventy-five hun- 
dred and ninety-one and seventy-five hundred and ninety- 
two, and paid within forty years after the issue on the basis 
of the tax valuation at^the time of issue. (R. S. Sec. 3994.) 

See act referred to under Sec. 7628. 

An injunction would lie against a board of education which sought to 
issue bonds in excess of this authority, but only as to" such excess, and not to 
the whole. 47 Mich., 226; 43 la., 48. 



Limit of 
issue. 



LIBRARIES. 

Section 7631. The board of education of any city, Establishment 
village, township, or special school district, by resolution, fj^i-ary^^*^ 
may provide for the establishment, control and maintenance, 
in such district, of a public library, free to all the inhabit- 
ants thereof. For that purpose, by purchase, it may ac- 
quire the necessary real property, and erect thereon a 
library building; acquire, by purchase or otherwise, from 
any other library association, its library property ; receive . 
donations and bequests of money or property for such 
library purposes, and maintain and support libraries now 
in existence and controlled by the board. (98 v. 244 § i.) 



Section 7632. Such board of education annually may Taxation, 
make a levy upon the taxable property of such school dis- 
trict, in addition to all other taxes allowed by law, of not 
to exceed one mill for a library fund, to be expended by 
the board, for the establishment, support and maintenance 
of such public library. (98 v. 244 §1.) 

Section 7633. But when a donation or bequest of Libraries 
money or property has been or is made to two ,or more {,°'"t^o°o?^^*^ 
school districts jointly, or jointly and severally for the pur- more school 
pose of establishing and maintaining such pu"blic library, 
and the money so donated has been or may be expended in 
the purchase of a site and the erection of a library building 
thereon, the provisions of this subdivision shall apply. In 
such case the board of education of each of the districts 
annually may levy not exceeding one mill, in addition to all 
other taxes allowed by law, upon the taxable property of 
such school districts for the establishment, support and 
maintenance of such public library, and the library build- 
ing may be located at a convenient place in either district. 
(98 V. 244 § I.) 



districts. 



Section 7634. The control of such building and li- ^^^^^ 
brary and the expenditure of all moneys for the purchase tees, appoint- 
of books and other purposes and the administration of the ™^"*' *^"°" 
library shall be vested in a board of six trustees, three to be 
appointed by each of the boards of education for the term 
of five years. They must serve without compensation, and 



94 



SCHOOL HOUSES AND LIBRARIES. 



until their successors are appointed. In case of vacancy 
in the board, from refusal to serve, resignation or other- 
wise it shall be filled by the boards of education of such 
district, for the unexpired term. (98 v. 244 § i.) 

State library corp.missioners to give advice and attention to free public 
library officers; see Sec. 793. 



Management 
and control 
of library. 



Section 7635. The board of education may provide 
for the management and control of such library by a board 
of trustees to be elected by it as herein provided. (R. S. 
Sec. 3998-2.) 



Library trus- 
tees, number 
and eligi- 
bility of. 



Section 7636. Such board of library trustees shall 
consist of seven members, who must be residents of the 
school district No one shall be eligible to membership on 
such library board who is or has been for a year previous 
to his election, a member or officer of the board of educa- 
tion. The term of office shall be seven years, except that 
at the first election the terms must be such that one member 
retires each year. Should a vacancy occur in the board, it 
shall be filled by the board of education for the unexpired 
term. The members of the library board must serve with- 
out compensation and until their successors are elected 
and qualified. (R. S. Sec. 3998-2.) 



Powers of 
board. 



Section 'J^yj- Iii its own name, such library board 
shall hold the title to and have the custody, and control of 
all libraries, branches, stations, reading rooms, of all li- 
brary property, real and personal, of such school district, 
and of the expenditure of all moneys collected or received 
from any source for library purposes for such district. It 
may employ a librarian and assistants, but previous to such 
employment their compensation shall be fixed. R. S. Sec. 
3998-2.) 



May acquire 
land. 



Repair fund. 



Section 7638. By a two-thirds vote of its members 
such library board may purchase or lease grounds and build- 
ings, and erect buildings for library purposes. It also may 
appropriate land for library purposes if the owner and the 
board cannot agree upon terms, and dispose of land when, 
in its opinion, it is no longer needed for library purposes. 
Conveyances made by the board shall be executed in its 
name by its president and secretary. In the event any 
balance to the credit of the library fund shall remain in the 
treasury at the close of any fiscal year, such surplus or any 
part thereof may be set aside by a two-thirds vote of the 
members of the board as a special building and repair fund. 
It may accept any gift, devise or bequest for the benefit ^of 
such library. No member of the library board shall be in- 
terested, directly or indirectly, in any contract made by the 
board. It shall report annually in writing to the board of 
education. 



SCHOOL HOUSES AND LIBRARIES. 



95 



Section 7639. Such board of library trustees annual- 
ly, during the month of May, shall certify to the board of 
education the amount of money needed for increasing, 
maintaining and operating the library during the ensuing 
year in addition to the funds available therefor from other 
sources. The board of education annually shall levy on each 
dollar of taxable property within such school district, in 
addition to all other levies authorized by law, such assess- 
ment not exceeding one and one-half mills, as shall be neces- 
sary to- realize without reduction, the sum so certified, 
which must be placed on the tax duplicate and collected as 
other taxes. 

Section. 7640. The proceeds of such tax will consti- 
tute a fund to be known and designated as the library fund. 
Payments therefrom shall be made only upon the warrant 
of the library board of trustees, signed by the president 
and secretary thereof. (96 v. 9 § 4.) 

Section 7641. The board of education in any city, 
village, township or special school district may contract an- 
nually with any library corporation or other organization 
owning and maintaining a library or with any board of 
trustees appointed by authority of law, having the manage- 
ment and control of a library, for the use of such library 
by the residents of such district and it annually may levy a 
tax not exceeding one mill on the taxable property of such 
district to pay therefor. Such board of education shall re- 
quire an annual report in writing from such library corpo- 
ration or other organization or board of trustees. 

Section 7642. The board of education of any school 
'district of the state, in which there is not a public library 
operated under public authority and free to all the residents 
of such district annually may appropriate not to exceed two 
hundred and fifty dollars from its contingent fund for the 
purchase of books, other than school books, for the use and 
improvement of the teachers and pupils of such school dis- 
trict. The books so purchased shall constitute a school li- 
brary, the control and management of which shall be vested 
in the board of education, which may receive donations and 
bequests of money or property therefor. (96 v. 9 § 6.) 

Section 7643. The board of education of any school 
district, or board of trustees managing and controlling a 
library in any school district, may found and maintain a 
museum in connection with and as an adjunct to such li- 
brary, and for such purpose may receive bequests and do- 
nations of money or other property, (96 v. 9 § 7.) 



Library fund; 
how provided 
and main- 
tained. 



Payments 
from library 
fund. 



Board of 
education 
may contract 
with library 
association for 
use of library. 



School 
library. 



Museum. 



CHAPTER 3. 



SCHOOLS AND ATTENDANCE. 



Section 

T644. Elementary schools; minimum and max- 
imum school weeks. 
7644-1. Tuberculosis schools. 

7645. Graded course of study. 

7646. One school to be in each subdistrict. 

7647. Normal school. 

7648. Elementary school defined. 

7649. High school defined. 

7650. College defined. 

7651. High schools classified. 

7652. First grade. 

7653. Second grade. 

7654. Third grade. 

7655. Elementary grade. 

7656. Diploma to be given to graduates. 

7657. Certificate as to grade of school. 

7658. Admission to professional school; ex- 

ception. 

7659. Who eligible to take examination for ad- 

mission to bar or to enter professional 
school; exception. 

7660. Information as to character of high 

school. 

7661. Certificate as to grade of school; with- 

holding approval. 

7662. Penalty for failure to give information. 

7663. Any board of education may establish 

high school. 

7664. Discontinuance thereof. 

7665. Management and control of township 

high schools. 

7666. School houses. 

7667. Admission of pupils. 

7668. Estimate of funds needed. 

7669. Union of districts for high school pur- 

poses. 

7670. High school committee. 

7671. Funds, how provided. 

7672. Tax levy, five mills. 

7673. (Tax levy, for support of municipal uni- 

versity. 

7674. Admission of high school graduates. 

7675. Disposition of funds. 

7676. Schools at children's homes, orphans' 

asylums and infirmaries. 

7677. Management of such schools. 

7678. Costs. 

7679. Evening schools. 

7680. Attendance by person more than twenty- 

one years old. 

7681. Who may be admitted to school free. 

7682. Non-resident pupils. 

7683. Crediting of school tax on tuition. 

7684. Assignment of pupils. 

7685. Suspension and expulsion of pupils. 

7686. Vaccination of pupils. 

7687. Dismissal of school on holidays. 

7688. Arbor day. 

7689. School year, month, and week. 

7690. Control of schools vested in boards. 
7690-1. Classified and unclassified service. 
7690-2. Civil service commission registers ex- 
' aminations. 

7690-3. Appointments. 
7690-4. Notice to commission. 
7690-5. Suspension. 
7690-6. Emergency cases. 

7691. Terms. 

7692. Medical inspection. 

7693. Compensation. 

7694. Director of schools. 

7695. Powers. 



Section 

7696. Duties. 

7697. Compensation. 

7698. May suspend or remove director. 

7699. Appointees; clerk's duty. 

7700. Resignations. 

7701. Dismissals. 

7702. Superintendent of city school district. 

7703. Powers and duties. 

7704. "Service fund." 

7705. Superintendent of _ village, township, or 

special school district. 

7706. Powers and duties. 

7707. General duties of teachers. 

7708. Teachers dismissed for insuificient cause. 

7709. Filing and preservation of copies and 

prices of school books. 

7710. Maximum price; notification of pub- 

lisher. 

7711. Notices to boards. 

7712. Violation of agreement by publisher. 

7713. Text books, how determined; five year 

term. 

7714. Text books, of whom ordered. 

7715. Board of education, power and duties of. 

7716. Old books, purchase of. 

7717. Appropriation. 

7718. Sales agents, who may not be. 

7719. Purchase of Howe's Historical Collec- 

tions of Ohio. 

7720. Care and preservation of books. 

7721. Physical culture in schools. 

7722. Powers of board of education, as to 

manual training, etc. 
772n. Instruction as to effect of alcoholic 

drinks on the human system. 
77:'?4. Provision therefor. 

7725. Instruction of teachers. 

7726. Examination of teachers required. 

7727. Duty of commissioner of common 

schools. 

7728. Forfeiture for failure to give instruc- 

tion. 

7729. When German language may be taught. 

7730. Susnension of schools in subdistricts; 

conveyance of pupils. 

7731. Centralization, notice required. 

7732. Conveyance of pupils in special districts. 

7733. Conveyance of pupils in village districts. 

7734. Pupils may be sent from one district to 

another. 

7735. Attendance at nearest school. 

7736. F.xpense per capita. 

77-37. Not to apply when schools are central- 
ized. 

7738. Sufficient school accommodations to be 
provided. 

7','9. Free school books. 

7740. Examination for entering high school. 

7741. Preparation of questions. 

7742. Township commencement. 

7743. Who to take part in commencement. 

7744. County commencement; diploma. 

7745. Compensation of county examiner and 

clerk. 

7746. Expense of commencement. 

7747. Diplomas, effect of. as to tuition. 

7748. Third grade high school, duty of board 

to graduates. 

7749. Transportation to high school. 

7750. Agreement, effect of, as to tuition. 
7751- Tuition, how paid. 

7752. What shall constitute a high school. 



96 



SCHOOL AND ATTENDANCE. 



97 



Section 

7753. Inspectors, appointment and duties of. 

7754. Field agents, report of. 

SCHOOLS FOR THE DEAF. 

7755. Establishment of schools for the educa- 

tion of the deaf. 



Section 

7756. Report to state commissioner of schools. 

7757. How expense of school defrayed. 

7758. Payment of expenses. 

7759. Appointment and qualifications of teach- 

ers. 

7760. Who shall be considered as deaf. 

7761. Inspection of schools for deaf. 



Section 7644. Each board of education shall establish Elementary 
a sufficient number of elementary schools to provide for the schools; 

r 1 • r 1 1 c 1 1 • 1 • 1 !• • mmimum and 

tree education of the youth of school age within the district maximum 
under its control, at such places as will be most convenient ^*^'^°°' weeks. 
for the attendance of the largest number thereof. Every 
elementary day school so established shall continue not less 
than thirty-two nor more than forty weeks in each school 
year. All the elementary schools within the same school 
district shall be so continued. (R. S. Sec. 4007.) 



Section 7644-1. The board of education in any city 
school district may establish such special elementary schools 
as it deems necessary for 3^outh of school age who are af- 
flicted with tuberculosis, and may cause all youth, within 
such district, so afflicted, to be excluded from the regular 
elementary schools, and may provide for and pay from tlie 
school funds, the expense of transportation of such youth to 
and from such special schools. 



Tuberculosis 
schools. 



Section 7645. Boards of education are required to Graded course 
prescribe a graded course of study for all schools under °^ study, 
their control in the branches named in section seventy-six 
hundred and forty-eight, subject to the approval of the state 
commissioner of common schools. (R. S. Sec. 4007.) 



Section 12900. Whoever, being a principal or person in 
charge of a public or private school or educational institution 
having an average daily attendance of fifty or more pupils, wil- 
fully neglects to instruct and train such pupils by means of drills 
or rapid dismissals at least once a month while such school or 
institution is in session, so that such pupils, in a sudden emer- 
gency may leave the school building in the shortest possible time 
and without confusion, or willfully neglects to keep the doors and 
exits of such building unlocked during school- hours, shall be fined 
not less than five dollars, nor more than twenty dollars for 
each offense. (99 v. 231 §§ 1, 2.) 



Neglect to 
instruct pupils 
in fire drills. 



Section 12901. Whoever, being a teacher or instructor in 
a public, private or parochial school, wilfully neglects to devote 
less than thirty minutes in each month during which such school 
is in session to instructing the pupils thereof between the ages of 
six and fourteen years, as to dangers of fire, shall be fined not 
less than five dollars nor more than twenty dollars. (99 v. 231 
§§ 1, 2.) 



Same as to 
dangers of 
fire. 



Section 12902. The state fire marshal shall prepare a book 
for the purpose of the instruction of pupils provided in the next 
two preceding sections. Such book shall be conveniently arranged 
in a sufficient number of chapters or lessons to provide a different 
one thereof for each week of the maximum school year. One of 
such chapters or lessons shall be read each week by the teacher 
in such school. ('99 v. 231 § 1.) 

7 S. L. 



Duty of state 
fire marshaL 



98 



SCHOOL AND ATTENDANCE, 



Duty of school 
commissioner. 



Exceptions 
to same. 



Manual to 
be issued. 



One school to 
be in each 
subdistrict. 



Normal 
school. 



Elementary 
school de- 
fined. 



High school 
defined. 



Section 12903. Such books shall be published at the ex- 
pense of the state under the direction of the state school commis- 
sioner, who shall furnish a copy thereof to each teacher required 
to give such instruction. (99 v. 231 § 1.) 

Section 12904. The next four preceding sections shall not 
apply to colleges and universities. (99 v. 232 § 4.) 

Section 12905. The members of the boards of education, 
school directors, trustees or other body of persons having control 
of the schools of a township, village or city shall cause a copy 
of the next five preceding sections to be printed in the manual 
or handbook prepared for the guidance of teachers, where such 
manual is in use. (99 v. 232 § 3.) 

Section 7646. Each township board of education 
shall estabhsh and maintain at least one elementary school 
in each subdistrict under its control, unless transportation 
is furnished to the pupils thereof as provided by law. (R. 
S. Sec. 4007. ) 

Change of boundaries and suspension of schools in sub-districts, con- 
veyance of pupils; see Sees. 7730-7732. 

In determining the question as to how many schools are necessary in the 
districts, either of townships, villages, or cities, three things should be con- 
sidered: 1. Convenience of access. 2. Economy in expenditure. 3. A proper 
grading and classification of the pupils, in cases where grading is possible. 

There is no reason why two or more school houses or two or more scho/^1 
rooms may not be provided in a sub-district. 

Section 7647. The board of education in any city 
school district may establish and maintain a normal school 
within its district, and also establish and maintain such 
summer or vacation schools, school gardening and play 
grounds as to it seems desirable. (R, S. Sec, 4007.) 

Section 7648. An elementary school is one in which 
instruction and training are given in spelling, reading, writ- 
ing, arithmetic, English language, English grammar and 
composition, geography, history of the United States, in- 
cluding civil government, physiology and hygiene. Nothing 
herein shall abridge the power of boards of education to 
cause instruction and training to be given in vocal music, 
drawing, elementary algebra, the elements of agriculture 
and other branches which, they deem advisable for the best 
interests of the schools under their charge. (R. S. Sec. 
4007-1.) 

Section 7649. A high school is one of higher grade 
than an elementary school, in which instruction and train- 
ing are given in approved courses in the history of the 
United States and other countries ; composition, rhetoric, 
English and American literature ; algebra and geometry ; 
natural science, political or mental science, ancient or mod- 
ern foreign languages, or both, commercial and industrial 
branches, or such of the branches named as the length of 
its curriculum makes possible. Also such other branches 
of higher grade than thos^e to be taught in the elementary 
schools, with such advanced studies and advanced reviews 
of the common branches as the board of education directs. 
(R. S. Sec. 4007-2.) 



SCHOOL AND ATTENDANCE. 



99 



Section 7650. A college is a school of a higher grade college 
than a high school, in which instruction in the high school defined, 
branches is carried beyond the scope of the high school and 
other advanced studies are pursued, or a school in which 
special, technical or professional studies are pursued, and 
which, when legally organized, may have the right to con- 
fer degrees in agreement with the terms of the law regula- 
ting its paractices or its charter ; or in the absence of legisla- 
tive direction, in agreement with the practices of the better 
institutions of learning of their respective kinds in the 
United States. (R. S. Sec. 4007-3.) 



Section 7651. The high schools of the state shall be 
classified into schools of the first, second, and third grades. 
All courses of study offered in such schools shall be in 
branches enumerated in section seventy-six hundred and 
forty-nine. (R. S. Sec. 4007-4.) 



High schools 
classified. 



Section 7652. A high school of the first grade shall 
be a school in which the courses offered cover a period of 
not less than four years, of not less than thirty-two weeks 
each, in which not less than sixteen courses are required for 
graduation. (R. S. Sec. 4007-4.) 



First grade. 



Section 7653. A high school of the second grade second grade 
shall cover a period of not less than three years, of not 
less than thirty-two weeks each, in which not less than 
twelve courses of study are required for graduation. (R. 
S. Sec. 4007-4.) 

Section 7654. A high school of the third grade shall Third grade, 
cover a period of not less than two years, of not less than 
twenty-eight weeks each, in which not less than eight 
courses of study are required for graduation. (R. S. Sec. 
4007-4.) 

Section 7655. Public schools of a less grade shall Elementary 
be denominated as elementary schools. A course of study srade. 
shall consist of not less than four recitations a week con- 
tinued throughout the school year. (R. S. Sec. 4007-4.) 



Section 7656. A diploma miist be granted by the 
board of education to any one completing the curriculum 
in any high school, which diploma shall state the grade of 
the high school issuing it as certified by the state commis- 
sioner of common schools, be signed by the president and 
clerk of the board of education, the superintendent and the 
principal of the high school, if such there be, and shall bear 
the date of its issue. (R. S. Sec. 4007-5.) 



Diploma to 
be given to 
gradfuates. 



' Section 7657. A certificate shall also be issued to the certificate as 
holder of each diploma in which shall be stated the grade of gchooi!"^^ °* 
the high school, the names and extent of the studies pursued 



lOO 



SCHOOL AND ATTENDANCE. 



Admission to 
professional 
school; ex- 
ception. 



Who eligible _ 
to take exami- 
nation for ad- 
mission to bar 
or to enter 
professional 
school; ex- 
ception. 



and the length of time given to each study to be certified 
to in the same manner as set forth for a diploma. (R. S. 
Sec. 4007-5.) 

Section 7658. A holder of a diploma from a high 
school of the first grade shall be entitled to a certificate of 
admission without examination to any college of law, medi- 
cine, dentistiy, or pharmacy in this state, when the holder 
thereof has completed such courses in science and language 
as are prescribed by the legally constituted authorities regu- 
lating the entrance requirements of such college ; except such 
institutions privately endowed which may require a higher 
standard for entrance examinations than herein is provided. 
(R. S. Sec. 4007-5.) 

Section 7659. A holder of a diploma from any grade 
of high school or of a teacher's certificate from a county or 
city board of teacher's examiners, when he has pursued his 
studies under private tutorage or in an office, shall be eligi- 
ble to take the examination for admission to the practice of 
law or to take the examination prescribed to enter a college 
of law, medicine, dentistry or pharmacy ; except such insti- 
tutions privately endowed, which may require a higher 
standard for entrance examinations than herein is provided. 
(R. S. Sec. 4007-5.) 



Information 
as to character 
of high school. 



Certificate as 
to grade of 
school; with- 
holding ap- 
proval. 



Section 7660. The clerk of the board of education of 
each district in which a high school is established and main- 
tained shall furnish to the state commissioner of common 
schools definite and accurate information concerning the 
length of time necessary for the completion of the high 
school curriculum or curriculums, the courses of instruction 
ofifered therein, and such other information as the com- 
missioner requires in relation to the high school work of 
the district, and in the form and manner he prescribes. 
Such information shall -be filed when high schools are estab- 
lished or any changes made in curriculums. (R. S. Sec. 
4007-6.) 

Section 7661. Upon examination of the information 
thus filed, or after personal inspection of work done if he 
deems this advisable, or both, the state commissioner of com- 
mon schools, shall determine the grade of each such high 
school and, under the seal of his office, certify to the clerk 
of the board of education his finding as to the grade of the 
high school maintained by such board. But he may with- 
hold his approval of any curriculum, when it appears to 
him that it does not comply with legal and reasonable 
reouirements. When it appears that any cirriculum, al- 
ready approved, has been so modified as to change the grade 
of the high school, either by advancing or reducing its grade, 
he shall certify his finding and all diplomas issued there- 
after shall bear the grade so designated by him. (R. S. 
S. Sec. 4007-6.) 



SCHOOL AND ATTENDANCE. 



lOI 



Section 7662. No school shall be considered a high 
school that has not furnished the information and received 
a certificate as provided above, nor be entitled to the privi- 
leges and exceptions provided by law for high schools. (R. 
S. Sec. 4007-6.) 



Penalty for 
failure tu giv.' 
information. 



Section 7663. A board of education may establish one Any board of 
or more high schools, whenever it deems the establishment gf"?,!^ °^" "^^ 
of such school or schools proper or necessary for the con- high school. 
venience or progress of the pupils attending them, or for 
the conduct and welfare of the educational interests of the 
district. (R. S. Sec. 4009.) 

This section fully authorizes boards of education to establish high schools 
without submitting the question to a vote of the electors of the district, 
unless it should be found necessary to levy a tax in excess of the maximum 
allowed by law and issue bonds;* in which case an election is required: see 
Sec. 7625. 

Section 7664. Such school or schools, when estab- Discontin- 
lished, sh'all not be discontinued under tliree years from the "^""^^ thereof, 
time of their establishment, except by a vote of three- 
fourths of all the members of the board of education of 
the district, at a regular meeting. (R. S. Sec. 4009.) 

A township high school does not pass to a village incorporated out of the 
territory including it by reason of a general saving clause in the act of 1873. 
41 O. S., 680. 

Change of territory organizing a separate school district does not 
entitle the new district to seize on property within it that had been set apart 
by the township board for a higlier school than a primary, although this would 
be within the letter of R. S., Sec. 3972, which relates to the subject. 46 
O. S., 595. 



Section 7665. When a township board of education 
establishes and maintains a high school or high schools with- 
in the district under its control, it shall have the manage- 
ment and control thereof, and may employ and dismiss 
teachers, and give certificates of such employment, and for 
services rendered, directed to the township clerk. (R. S. 
Sec. 4009-1.) 



Management 
and control 
of township 
high schools. 



Section 7666. Such board of education shall build, g.^j^ooj. 
repair, add to and furnish the necessary schoolhouses, pur- houses. 
chase or lease sites therefore, or rent suitable rooms, and 
make all other necessary provisions relative to such schools 
as may be deemed proper. (R. S. Sec. 4009-1.) 



Section 766,7. Such board of education may regulate 
and control the admission of pupils from the elementary 
schools undeir its charge to such high school or high schools, 
according to age and attainments, may admit adults over 
twenty-one years of age, and pupils from other districts on 
such terms and under such rules as it adopts. It shall 
maintain such high school or high schools not less than 
twenty-eight nor more than forty weeks in any school year. 
(R. S. Sec. 4009-1.) 



Admission 
of pupils. 



I02 



SCHOOL AND ATTENDANCE. 



Estimate of 
funds needed. 



Union of dis- 
tricts for 
high school 
purposes. 



High school 
committee. 



Funds, how 
provided. 



Section 7668. In townships where a high school or 
high schools are, or may be established, by the township 
board of education, it annually shall determine by estimate, 
as near as practicable, the entire amount of money necessary 
to be expended in the township for school and schoolhouse 
purposes, including the paying of teachers in such schools, 
the prolonging of the terms of the several elementary 
schools of the township after the state funds have been ex- 
hausted, the erecting, repairing and furnishing of school 
houses, and any other school purposes not exceeding in any 
one year ten mills on the dollar of the taxable property of 
the township, which amount shall be certified in writing to 
the county auditor, by such township board, on or before 
the first Alonday in June of each year. (R. S. Sec. 4009-2.) 

Section 7669. The boards of education of two or 
more adjoining township school districts, or of a township 
district and of a village or special school district situated 
partially or wholly within the township, or of any two or 
more of such school districts, by a majority vote of the full 
membership of each board, may unite such districts for high 
school purposes. Each board also may submit the question 
of levying a tax on the property in their respective districts, 
for the purpose of purchasing a site and erecting a building, 
and issue bonds, as is provided by law in case of erecting or 
repairing school houses ; but such question of tax levy must 
carry in each district before it shall become operative in 
either. If such boards have sufficient money in the treas- 
ury to purchase a site and erect such building, or if there 
is a suitable building in either district owned by the board 
of education that can be used for a high school building it 
will not be necessary to submit the proposition to vote, and 
the boards may appropriate money from their funds for this 
purpose. (99 v. 462 §1.) 

Section 7670. Any high school so established shall be 
under the management of a high school committee, consist- 
ing of two members of each of the boards creating such 
joint district, elected by a majority vote of such boards. 
Their membership of such commitee shall be for the same 
term as their terms on the boards which they respectively 
represent. Such high school shall be free to all youth of 
school age within each district, subject to the rules and 
regulations adopted by the high school committee, in regard 
to the qualifications in scholarship requisite for admission, 
such rules and regulations to be of uniform operation 
throughout each district. (99 v. 462 §1.) 

Section 7671. The funds for the maintenance and 
support of such high school shall be provided by appropria- 
tions from the tuition or contingent funds, or both, of each 
district, in proportion to the total valuation of property in 
the respective districts, which must be placed in a separate 
fund in the treasury of the board of education of the dis- 



SCHOOL AND ATTENDANCE. 



103 



trict in which the school house is located, and paid out by 
action of the high school committee for the maintenance 
of the school. (99 v. 462 §1.) 

Township board of education may be compelled under this section 
by mandamus to appropriate its proportionate share of expense for the main- 
tenance of such schools from the tuition or contingent fund, provided by 
such section; but it can not be compelled to make the appropriation from a 
levy made for the subsequent year unless it can be done without impairing 
the general school fund or the efficiency of the common schools. 30 O. C. C. 
657. 

Section 7672. Boards of education exercising control Tax levy, 
for the purpose of taxation over territory within a town- ^^^ ™V^'®- 
ship or joint township high school district may levy upon all 
the taxable property within such territory, not exceeding 
five mills on one dollar in any one year, in addition to all 
other lawful levies for the maintenance of any township or 
joint township high school to which such territory belongs. 
All funds derived from levies so made shall be kept sepa- 
rate and be paid out for the maintenance of the school 
for which they were made. (99 v. 462 §1.) 

Section 7673. The school board of any village school Tax levy for 
district in which is located a university or college, organized munic^ipai^ 
under the laws of this state, as an institution of learning university, 
not for profit, and under the management of a board of 
trustees, may levy a tax not exceeding two mills annually, 
in addition to all lawful taxes for all other purposes, upon 
all taxable property within such district for the support of 
such university or college. (99 v. 519 § i.) 



Section 7674. In the event such levy is made, all 
holders of a high school diploma obtained from such village 
district high school shall have the right to attend such uni- 
versity or college for the period of two years, free of tui- 
tion. (99 V. 52P § 2.) 

. Section 7675. The funds arising from such ta± levy 
shall be turned over to the board of trustees of such uni- 
versity or college by the county treasurer to be expended 
by them in the conduct of the university or college and for 
no other purpose. (99 v. 520 § 3.) 

Section 7676. The board of any district in which a 
children's home or orphans' asylum is established by law, 
or in which a county infirmary is established, when re- 
quested by the board of trustees of such children's home, 
orphans' asylum or the directors of such infirmary, shall 
establish a separate school in such home, asylum or infirm- 
ary, so as to afford to the children therein, as far as prac- 
ticable, the advantages and privileges of a common school 
education. Such schools at infirmaries must be continued 
in operation each year until the share of all the school funds 
of the district belonging to such children, on the basis of 
the enumeration, is expended, and at such homes and asy- 
lums not less than forty-four weeks. If the distributive 



Admission of 
high school 
graduates. 



Disposition 
of funds. 



Schools at 
children's 
homes, or- 
phans' asy- 
lums and in- 
firmaries. 



io4 



SCHOOL AND ATTENDANCE. 



Management 
of such 
schools. 



Costs. 



Evening 
schools. 



Attendance 
by person 
more than 
twenty-one 
years old. 



Free schools. 



Beginners. 



share of school funds to which the school at such a home 
or asylum is entitled by the enumeration of children in the 
institution is not sufficient to continue the schools for that 
length of time, the deficiency shall be paid out of the funds 
of the institution. (R. S. Sec. 4010.) 

Section 7677. All schools so established in any such 
home, asylum or infirmary, shall be under the control and 
management of the respective boards of trustees or directors 
of such institution, which boards in such control and man- 
agement so far as practicable, shall be subject to the same 
laws that boards of education and other school officers are 
who have charge of the common schools of such district. 
(R. S. Sec. 4010.) 

Section 7678. In the establishment of such schools, 
the commissioners of the county in which such children's 
home, orphans' asylum or county infirmary is established, 
shall provide the necessary school room or rooms, furniture, 
fuel, apparatus and books, the cost of which for such 
schools must be paid out of the funds provided for such 
institutions. The board of education shall incur no expense 
in supporting such schools. (R. S. Sec. 4010.) 

For acts relating to children's homes, see Sees. 3077-3080. 
See also sections 4083-4088. 

The trustees of the children's home and a board of education cannot 
build a high school for joint purposes. 

Section 7679. In any township, special, village, or 
city district, or part thereof, parents or guardians of youth 
of school age may petition the board of education to organ- 
ize an evening school. The petition must contain the names 
of not less than twenty-five youth of school age who will 
attend such school, and who for reasons satisfactory to the 
board are prevented from attending day school. Upon re- 
ceiving such petition the board of education shall furnish 
a suitable room for the evening school and employ a compe- 
tent person who holds a regularly issued teacher's certificate, 
to teach it. Such board may discontinue any such evening 
school, when the average evening attendance for any month 
falls below twelve. (R. S. Sec. 4012.) 

Section 7680. Any person more than twenty-one 
years old may be permitted to attend evening school upon 
such terms and upon payment of such tuition as the board 
of education prescribes. (R. S. Sec. 4012a.) 

Section 7681. The schools of each district shall be 
free to all youth between six and twenty-one years of age, 
who are children, wards, or apprentices of actual residents 
of the district, including children of proper age who are 
inmates of a county or district children's home located in 
such a school district, at the discretion of its board of 
education, but the time in the school year at which beginners 
may enter upon the first year's work of the elementary 



SCHOOL AND ATTENDANCE. 



io5 



schools shall be subject to the rules and regulations of the 
local boards of education. But all j^outh of school age living 
apart from their parents or guardians and who work to 
support themselves by their own labor, shall be entitled to 
attend school free in the district in which they are employed. 
(R. S. Sec. 4013.) 

Attending school in other districts if nearer; see sections 7734, 7735. 

The children inmates of the German Protestant Asylum of Cincinnati, 
are not "children, wards, or apprentices of actual residents" in the school 
district within which said asylum is located, and therefore, under the act of 
Feb. 21, 1S49, are not entitled to gratuitous admission to the privileges of the 
public schools of said district. 10 O. S., 44S. 

No regulation can be made under this section that does not apply to 
all children, irrespective of race or color. 45 O. S., 555. 

Under this section persons under twenty-one years of age, though mar- 
ried, are entitlefl to all the privileges of the schools of the district in which 
they reside, notwithstanding they have not been enumerated in the school 
census, and in consequence can draw no part of the state school fund. 

That portion of the above section relating to children living apart from 
their parents or guardians, who support themselves by their own labor, does 
not apply where a child moves into a district in which his parents do not live, 
with the express purpose of attending school, ^nd incidentally works for his 
board and lodging; in such cases tuition can be charged. 

Section 12906. Whoever, being a pupil in the public schools, 
organizes, joins or belongs to a fraternity, sorority or other like 
society composed of or made up of pupils of the public schools, 
shall be fined not less than ten dollars nor more than twenty-five 
dollars for each offense. (99 v. 253 §§ 1, 3.) 

If the fraternities, sororities, or societies are composed of or made up of, 
in whole or in part, of persons other than pupils of the public schools, a pupil 
joining such a fraternity or society would not be liable for so doing. 

The only way in which the penalty can be assessed is by proper prose- 
cution and conviction under the acts relating to criminal procedure. 

Section 12907. Whoever, being a teacher, principal or super- 
intendent, having knowledge or reason to believe that a fraternity, 
sorority or like society composed or made up of pupils of the 
public schools, is being organized or maintained in the public 
schools or that a pupil attending such school is organizing, or 
is a member of, such fraternity, sorority or like society, fails 
forthwith to advise the president or secretary of the board of 
education in charge of such schools thereof, shall be fined not 
less than ten dollars nor more than twenty-five dollars for each 
offense. (99 v. 253 §§ 2, 3.) . 

Section 12908. Whoever, being a board of education in 
charge of public schools, upon being advised in accordance with 
the provisions of the next preceding section, within thirty days 
thereafter, fails to investigate such charges after not less than 
ten days' written notice to such pupils, their parents or guar- 
dians, or, being the secretary of such board of education, when 
such board has found the charges mentioned in the next preced- 
ing section to be correct and true, fails forthwith to notify in 
writing the pupils organizing, joining or belonging to such fra- 
ternity, sorority or like society, to disband and discontinue it and 
to withdraw therefrom within five days from the receipt of such 
notice, shall be fined not less than ten dollars nor more than 
twenty-five dollars for each offense. (99 v. 253 §§ 2, 3.) 

Section 12909. Whoever, being a pupil in the public schools, 
organizing, joining or belonging to a- fraternity, sorority or like 
society composed or made up of pupils of the public schools, 
fails to obey the notice provided for in the next preceding sec- 
tion, shall be forthwith suspended from the public schools by 
the superintendent or principal in charge thereof in cities or dis- 
tricts having such superintendents or principals, or the clerk of 
the board of education in villages, special and township districts 
not having such superintendent or principal, until such pupil shall 
comply with the order of such board of education. (99 v. 253 § 2.) 



Pupil joining 

fraternity; 

penalty. 



Teacher, prin- 
cipal or super- 
intendent fail- 
ing to give 
notice of fra- 
ternity in 
schools. 



Board of edu- 
cation to in- 
vestigate 
charges of 
existence of 
fraternity; no- 
tice to mem- 
bers thereof. 



Suspension of 
pupils. 



io6 



SCHOOL AND ATTENDANCE. 



Non-resident 
pupils. 



Section 7682. Each board of education may admit 
other persons upon such terms or upon the payment of 
such tuition as it prescribes. (R. S. Sec. 4013.) 



Crediting of 
school tax 
on tuition. 



Section 7683. When a youth between the age of six 
and twenty-one years or his parent owns property in a 
school district in which he does not reside, and he attends 
the schools of such district, the amount of the school tax 
paid on such property shall be credited on his tuition. (R. 
S. Sec. 4013.) 



Assignment 
of pupils. 



Suspension _ 
and expulsion 
of pupils. 



Section 7684. Boards of education may make such an 
assignment of the youth of their respective districts to the 
schools established by them as in their opinion best will 
promote the interests of education in their districts. (R. 
S. Sec. 4013.) 

Mandamus will not lie to compel board of education to promote a pupil 
to a 'higher grade than that for which he was successfully examined, notwith- 
standing such pupil is fitted to enter such grade, such question being dis- 
cretionary with the board. Sycamore (Bd. of Ed.) v. Wickham, 80 O. S., 133. 

Section 7685. No pupil shall be suspended from 
school by a superintendent or teacher except for such time 
as is necessary to convene the board of education, nor shall 
one be expelled except by a vote of two-thirds of such board, 
and after the parent or guardian of the offending pupil has 
been notified of the proposed expulsion, and permitted to be 
heard against it. No pupil shall be suspended or expelled 
from any school beyond the current term thereof. (R. S. 
Sec. 4014.) 

_ The father of a child entitled t9 the benefits of the public school of the 
sub-district of his residence may maintain an action against the teacher of 
the school, and the local directors of the sub-district, for damages for wrong- 
fully expelling the child from school. 21 O. S., 666. 

In many cases of incorrigibility, prpceedings can be instituted against 
the offender as provided by section 7774, as a juvenile disorderly person 
(section 7768), instead of expulsion by the board, as it. is in the interest of 
the commonwealth to keep the child in school, if possible. 

The parent has no right to interfere with the order or progress of the 
school by detaining his child at home, or by sending him at times that prove 
an annoyance or hindrance to others. 31 Iowa, 568. 

The right to attend school is not absolute, but conditional on compliance 
with the rules. 48 Vt., 473. 



\'accination 
of pup Is. 



Section 7686. The board of each district may make 
and enforce such rules and regulations to secure the vacci- 
nation of, and to prevent the spread of small-pox among 
the pupils attending or eligible to attend the schools of the 
district, as in its opinion the safety and interest of the public' 
require. Boards of health, councils of municipal corpora- 
tions, and the trustees of townships, on application of the 
board of education of the district, at the public expense, 
without delay, shall provide the means of vaccination to such 
pupils as are not provided therewith by their parents or 
guardians. (R. S. Sec. 3986.) _ 

Board of education may enforce reasonable rules as to vaccination. State 
V. Barberton (Bd. of Ed.), 29 O. C. C, 375; (7 N. S., 608.) 
Affirmed 76 O. S., 297. 



SCHOOL AND ATTENDANCE. 



107 



Section 7687. Teachers in the public schools may 
dismiss their schools, without forfeiture of pay, on the first 
day of January, the twenty-second day of February, the 
thirtieth day of May, the fourth day of July, the first Mon- 
day in September, the twenty-fifth day of December, and on 
any day set apart by proclamation of the president of the 
United States, or the governor of this state as a day of fast, 
thanksgiving or mourning. (R. S. Sec. 4015.) 

A teacher is not bound by the provisions of a contract which are in 
contravention of law. 

He may dismiss his school on legal holidays without forfeiture of pay, 
notwithstanding the clause in his contract providing salary by the day. 

Boards of education cannot compel teachers to make up for time lost 
on the above-mentioned days. 

Hiring teachers lay the day does not affect their rights under this section.. 

It is held in Michigan that "school management should always conform 
to those decent usages which recognize the propriety of _ admitting to hold 
exercises on recognized holidays. All contracts for teaching during periods 
mentioned must be construed of necessity as subject to such days, and there 
can be no penalty laid upon such observances, in the way of forfeitures or 
reductions of wages." 39 Mich., 484. 

Section 8301. The following days, viz : 

1. The first day of January, known as New Year's Day; 

2. The twenty-second day of February, known as Washing- 
ton's Birthday; 

3. The thirtieth day of May, known as Decoration or Mem- 
orial Day; 

4. The fourth day of Julj'-, known as Independence Day; 

5. The first Monday of September, known as Labor Day; 

6. The twelfth day of October, known as Columbus Dis- 
covery Day; 

7. The twenty-fifth day of December, known as Christmas 
Day; 

8. Any day appointed and recommended by the governor of 
this state or the president of the United States as a day of fast 
or tlianksgiving ; and 

9. Any day which may hereafter be made a legal holiday, 
shall for the purpose of this division, be holidays. But if the 
first day of January, the twenty-second day of February, the 
thirtieth day of May, the fourth day of July, or the twenty-fifth 
day of December be the first day of the week, known as Sunday, 
the next succeeding secular or business day shall be a holiday. 



Dismissal of 
school on 
holidays. 



Section 7688. Not later than April the governor of 
the state shall appoint and set apart one day in the spring 
season of each year, as a day on which those in charge of 
the public schools and institutions of learning under state 
control, or state patronage, for at least two hours must give 
information to the pupils and students concerning the value 
and interest of forests, the duty of the public to protect the 
birds thereof, and also for planting forest trees. Such day 
shall be known as Arbor Day. (95 v. 38 § i.) 



Arbor day. 



Section 7689. The school year shall begin on the 
first day of September of each year, and close on the thirty- 
first day of August of the succeeding year. A school week 
shall consist of five days, and a school month of four school 
weeks. (R. S. Sec. 4016.) , 

Boards of education cannot compel pupils to attend school, or teachers 
to teach the same, more than five days in any one week, and teachers cannot 
make up for lost time tiy teaching six days in a week without express authority 
from the board of education. 



School year, 
month, and 
week. 



io8 



SCHOOL AND ATTENDANCE. 



Control of 
schools vested 
in boards. 



Classified and 

unclassified 

service. 



Teachers have no right, without express authority of the board of edu- 
cation, to make up lost time by teaching un Saturday or on a holiday. The 
custom is so well established of keeping tlie schools in session the five work- 
ing days of each week exclusive of Saturday, and of dismissing on the holi- 
days named, that to change this custom would manifestly require action by 
the board. i\s the law does not prescribe the days of the week to be taught, 
the board may, under section 4750, authorize the intermission of school on 
Monday or any other day most_ convenient to the inhabitants. In a few 
districts in Ohio, there is no session on Monday. 

Section 7690. Each board of education shall have 
the management and control of all of the public schools of 
whatever name or character in the district. It may appoint 
a superintendent of the public schools, truant officers, and 
janitors and fix their salaries. If deemed essential for the 
best interests of the schools of the district, under proper 
rules and regulations, the board may appoint a superintend- 
ent of buildings, and such other employes as it deems neces- 
sary, and fix their salaries. Each board shall fix the salaries 
of all teachers, which may be increased, but not diminished 
during the term for which the appointment is made. Teach- 
ers must be paid for all time lost when the schools in which 
they are employed are closed owing to an epidemic or other 
public calamity. (R. S. Sec. 4017.) 

Stipulation that teacher would not accept compensation for attending 
teachers' institute held void. Elizabeth Tp. (Bd. of Ed.) v. Burton, 30 O. 
C. C, 411. (11 N. S. 103.) 

See ex rel. v. VVickham ;,mder 7684. 

Section 7690-1. All employes in each city school dis- 
trict shall be divided into two classes to be known as the 
classified and unclassified service. The unclassified service 
shall include the position of officers elected by the people or 
appointed to fill vacancies in such offices; persons who by 
law are to serve without remuneration; persons who are 
required by law to have a teacher's certificate ; the superin- 
tendent of instruction, the director of schools and the clerk 
of the board of education, school physician's and nurses, 
secretaries, chief deputies in the offices of the director and 
clerk of the board of education, the chief truant officer, all 
unskilled labor when but temporarily employed, and such 
other appointees as the civil service commission may by rule 
determine. The classified service shall comprise all offices 
and positions not included in the unclassified service. 



Civil service 
commission. 



Registers. 



Section 7690-2. The civil service commissioners of 
each city shall be and are hereby constituted the civil service 
commissioners of the board of education in each city school 
district and the board of education of such district shall 
provide for such clerical force, examiners, and the necessary 
expenses of such commissioners as may be necessary for the 
purpose of carrying out the provisions of this act. 

The civil service commissioners shall keep separate 
registers and records of all positions and appointments in 
the classified service of the board of education. All appli- 
cants for admission into the classified service of the board of 
education shall be subject to examination, which shall be 
competitive, public and open to all residents of the city 



SCHOOL AND ATTENDANCE. 



109 



school district, with such Hmitations as to age, sex, resi- 
dence, health, habits and moral character as said commission 
may prescribe. The commission shall prepare rules and 
regulations adapted to carry out the purposes of this act, 
which rules and regulations shall provide for the grading of 
positions similar in character, so as to permit the filling of 
positions in the highest grades as far as practicable by pro- 
motions ; and shall provide for public examinations to ascer- Examinations. 
tain the fitness of all applicants for appointments in the 
classified service, and the result of such examinations shall 
be accessible to all persons. Such applicants shall take rank 
upon the register of the commission as candidates in the 
order of their relative standing without reference to priorit}'- 
of examination, and grades and standings so established 
shall remain the grades for a period of six (6) months or 
longer, if the commission so determine. 

Section 7690-3. Whenever an appointment is to be Appointments, 
made to any position in the classified service, the board or 
officer shall notify the commission of any vacancy to be 
filled. The commission shall thereupon certify to such board 
or officer the three candidates the highest in the respective 
lists as shown by the result of such examination, and such 
board or officer shall thereupon appoint one of the three so 
certified. Any candidate whose name shall have been certi- 
fied three times without appointment may be dropped from 
the register by the commission. 



Section 7690-4. It shall be the duty of each appoint- 
ing officer or board to report to the civil service commission 
forthwith upon such appointment or employment the name 
of such oppointee or employe, the title, the character of his 
employment, the date of the commencement of service, the 
salary or compensation thereof, and such other information 
as the commission may require in order to keep the roster 
herein provided ; and it shall be the duty of said commission 
to prepare, conduct and keep in its office a complete roster 
of all persons in the classified service of the board of educa- 
tion, which roster shall be open to inspection at all reason- 
able hours. It shall show in reference to each of said per- 
sons, his name, the date of his appointment to or employ- 
ment in such service, his salary or compensation, the title 
of the position or office he holds, or nature of the duties 
thereof ; and, in case of removal or resignation, the date of 
the termination of such service. 



Notice to 
commission. 



Section 7690-5. No officer or employe within the 
classified service who shall have been appointed under the 
provisions of this act or who shall have been continuously 
in the employment of the board of education for a period of 
three (3) years shall be removed, reduced in rank or dis- 
charged except for some cause relating to his moral charac- 
ter or his suitableness and capacity to perform the 'duties of 
his position, though he may be suspended from duty without 



Suspension. 



no SCHOOL AND ATTENDANCE. 

pay for a period of not exceeding thirty (30) days pending 
' the investigation of charges against him. Such cause shall 
be determined by the removing authority and reported in 
writing with a specific statement of the reasons therefor 
to the commission, but shall not be made public without the 
consent of the person discharged. Before such removal, 
reduction or discharge shall become effective the removing 
authority shall give such person a reasonable opportunity to 
know the charges against him and to be heard in his own be- 
half, and if such charges be not sustained by the commis- 
sion he shall be reinstated in his position. 



Emergency SECTION 7690-6. Nothing herein contained shall pre- 

cases. ygj^^ ^j^g board of education of each city school district from 

defining the duties of its various employes, and prescribing 
the rules and regulations under which they shall serve nor 
from exercising proper supervision over them. Nor shall 
the board of education of such city school district be pre- 
cluded from securing labor or assistance for short periods 
within its discretion in cases of emergency. 

Terms. SECTION 769 1. No person shall be appointed as a 

teacher for a term longer than four school years, nor for 
less than one year, except to fill an unexpired term, the 
term to begin within four months of the date' of the ap- 
pointment. In making appointments teachers in the actual 
employ of the board shall be considered before new teach- 
ers are chosen in their stead. (R. S. Sec. 4017.) 

If a board of education require its committee on teachers or, in city 
districts, the superintendent, to report the teachers for re-appointment and the 
newly appointed teachers on separate lists, the adoption of the report or the 
coniirmation of the appointments .by the superintendent is sufficient considera- 
tion as required by law. 

The restriction that no contract is valid unless money is in treasury 
and set apart, does not apply to contracts authorized by the provisions of 
law to be made for employing teachers and other school employes; see Sec. 
5660. 

Vote necessary to elect superintendent and teachers; Sec. 4752. 

The passage of a resolution to employ a certain teacher, notice sent to 
him, and the party accepting and entering upon his duties, constitutes a 
valid contract between the school board and the teacher. 12_ C. C, 249. 

Illegal provisions in a contract to employ a teacher, which are separate 
from the legal part and are not performed, do not invalidate his right to 
recover his salary, as where he was employed at a certain salary, with a 
provision that if he could not do the work alone he should have power to 
employ assistance at his own expense, but he performed the service without 
an assistant. 29 O. S., 161. 

A committee on teachers appointed by the board may make recommenda- 
tions, to the board, but no teacher, or other employee, can be legally elected 
except at a meeting of the board of education, and by a majority vote of 
the entire board and after the manner directed in section 4752. If the meeting 
is a special one, each member must have been notified in accordance with the 
provisions of section 4751. 

The dismissal of a teacher or other employee is business and must be 
transacted at a regular or special meeting, and reasons therefor must be 
spread upon the minutes. 

If a teacher is employed for a definite time, and, during the period of 
his employment, the district officers close the schools on account of the 
prevalence of contagious diseases, and keep them closed for a time, and the 
teacher continues ready to perform his_ contract, he is entitled to full wages 
during such period. The act of God is not an excuse for non-performance 
of a contract, unless it renders performance impossible; if it merely makes it 
difficult and inexpedient, it is not sufficient. Although under such circum- 
stances it is eminently prudent to dismiss school, yet this affords no reason 
why the misfortune of the district should be visited upon the teacher. Dewey 
V. Union School District of Alpena, 43 Mich., 480. 

A person who engages to teach for a definite term, and leaves the 
school without just cause, cannot sustain an action for services already ren- 
dered. 29 Vt., 219, 



SCHOOL AND ATTENDANCE. 



Ill 



It has been held in New York that absence of a teacher for a single 
day without: consent of the trustees annuls the contract. New York Code of 
Instruction, pp. 705, 723, 731. 

But a teacher abandoning his school because not sustained by the trustees 
in the enforcement of reasonable rules is entitled to wages for the time taught. 
7 Vermont, 452; 55 Mo., 149. 

The discharge of a janitor's duties is no part of a teacher's work; and, 
in the absence of a contract to perform such duties, he is under no legal 
obligation to do so, no difference what may have been the custom in the 
district, nor how long acquiesced in. 

The teacher cannot compel pupils to do any janitorial work, such as 
building fires or sweeping school houses. 97 111., 375. 

Many city boards of education have as one of their standing rules that 
all of their employees shall hold their positions at the discretion of the board. 
This condition in a contract with employees hired for a specified time is null 
and void. The statute names the causes for which an appointee may be dis- 
missed, and that appointee can be dismissed for no other. A rule of a board 
of education cannot override a state law. 

Instructor or teacher having sexual intercourse with female pupil; see 
Sec. 13030. For definition of "term" as used in section 13030, see Esley v State, 
10 O. C. C, N. S., 169. 

Boards of education are authorized to adopt and enforce necessary rules 
and regulations for the government of schools under their management and 
control. Sewall v. Board of Education, _ 29 O. S., 89; see Sec. 4750. 

Where instruction in rhetoric is given in any grade or department of the 
school, and one of the rules adopted by the board for the government of the 
pupils therein provides that if any pupil should fail to be prepared with a 
rhetorical exercise at the time appointed therefor, he or she should, unless 
excused on account of sickness or other reasonable cause, be immediately 
suspended from such department, it was held that such a rule was reasonable. 
29 O. S., 89. 



Section 7692. Any board of education in a city school 
district may provide for the medical inspection of pupils 
attending the public schools. For that purpose it can em- 
ploy competent physicians, nurses, and provide for and pay 
all expenses incident thereto from the public school funds, 
or by agreement with the board of health or other board or 
officer performing the functions of a board of health for 
such city. It may provide for medical and sanitary super- 
vision and inspection of the schools which are under the con- 
trol of such board of education and of the pupils attending 
such schools, by a competent physician selected by the par- 
ent or guardian of the child, but on failure of the parent or 
guardian, then by the district physicians and other employes 
to be appointed by such board of health. (R. S. Sec. 4018a.) 



Medical 
inspection. 



Section 7693. A board of education in a city school compensation, 
district making such agreement may provide and pay com- 
pensation to the employes of the board of health in addition 
to that provided by the city. (R. S. Sec. 4018a.) 



Section 7694. A board of education in a city school 
district, may elect a director of -schools, who shall serve as 
such for the term of two years, unless earlier removed. A 
vacancy in this office shall be filled for the unexpired term 
thereof. (R. S. Sec. 4017.) 



Director of 
schools. 



Section 7695. As director of schools, he shall exe- 
cute for the board of education, in the name of the school 
district, its contracts and obligations, except that bonds 
issued must be signed by the president of the board, and 
attested by the clerk. He shall see that all contracts made 
by or with such board are fully and faithfully performed. 
Except teachers, assistant teachers, supervisors, principals, 
superintendent of inst«riictioii, clerk of the board of educa- 



Powers, 



112 



SCHOOL AND ATTENDANCE. 



Duties. 



Compensation. 



May suspend 
or remove 
director. 



Appointees; 
clerk's duty. 



tion, such director shall have the appointment subject to the 
approval and confirmation of the board of all employes, and 
may discharge them. He shall have the care and custody 
of all property of the school district, real and personal, ex- 
cept moneys, oversee the construction of buildings, in the 
process of erection, and the repairs thereof ; and advertise 
for bids and purchase all supplies and equipments authorized 
by the board. (R. S. Sec. 4017.) 

Section 7696. Such director shall report to the board 
monthly, and oftener if required, as to all matters under his 
supervision, and report to the board a statement of its ac- 
counts, exhibiting the revenues, receipts, disbursements, 
assets and liabilities, the sources from which the revenues 
and funds are derived, and in what manner they have been 
disbursed. He shall keep accurate account of taxes levied 
for school purposes, and of all moneys due to, received and 
disbursed by the board ; also, of all assets and liabiHties and 
all appropriations made by it, and receive and preserve all 
vouchers for payments and disbursements made to or by 
the board. He must issue all warrants for the payment of 
money from the school fund, but no warrant shall be issued 
for the payment of any claim until it has been approved by 
the board. The pay roll for teachers, assistant teachers and 
sup.ervisors must be countersigned by the superintendent of 
instruction. Such director shall attend all meetings of the 
board, and perform all of its executive functions not here- 
inbefore excepted in defining the duties of the director of 
schools. He must devote such portion of his time to the 
duties of his office as is required b}^ the board of education 
at or before his election, and give a bond for the faithful 
discharge of his duties as director of schools, in such sum as 
the board determines, his sureties to be approved by it, 
which bond shall be deposited with the president of the 
board within ten days after his appointment. (R. S. Sec. 
4017.) 

Section 7697. Such director shall receive such com- 
pensation, not exceeding five thousand dollars per annum, as 
is fixed by the board before his election, which shall not 
be changed during his term of office. (R. S. Sec. 4017.) 

Section 7698. By a two-thirds vote for cause, the 
board of education at any time may suspend or remove the 
director of schools, but such suspension or removal shall not 
be made unless the charges are preferred in writing, and an 
opportunity afforded to bring all ofifered pertinent testimony 
in as a defense, which testimony shall be received and con- 
sidered by the board and made a part of its records. (R. 
S. Sec. 4017.) 

Section 7699. Upon the appointment of any person 
to any position under the control of the board of education, 
the clerk promptly must notify such person verbally or in 



SCHOOL AND ATTENDANCE. II3 

writing of his appointment, the conditions thereof, and re- 
quest and secure from him within a reasonable time to be 
determined by the board, his acceptance or rejection of such 
appointment. An acceptance of it within the time thus de- 
termined shall constitute a contract binding both parties 
thereto until such time as it may be dissolved, expires, or the 
appointee be dismissed for cause. (R. S. Sec. 4017.) 

The statutes regulating the hiring of teachers, must be strictly fol- 
lowed. Beck V. Rocky River Sch. Dist. (Bd. of Ed.), 29 O. C. C, 717 (» 

Section 7700. All resignations or requests for release 
from contract by teachers, superintendents, or employes, 
must be promptly considered by the board, b^-no resigna- 
tion or release shall become effective except by its consent. 
(R. S. Sec. 4017.) 

Section 7701. Each board may dismiss any appointee Dismissals, 
or teacher for inefficiency, neglect of duty, immorality, or 
improper conduct. No teacher shall be dismissed by any 
board unless the charges are first reduced to writing and 
an opportunity be given for defense before the board, or a 
committee thereof, and a majority of the full membership 
of the board vote upon roll call in favor of such dismissal. 
(R. S. Sec. 4017.) 



Resignations. 



Superintend- 
ent. 



Vacancy. 



Section 7702. The board of education in each city 
school district at a regular meeting, between May ist and 
August 31st, shall appoint a suitable person to act as super- 
intendent of the public schools of the district, for a term not 
longer than five school years, beginning within four months 
of such appointment and ending on the 31st day of August. 

Provided, that in the event of a vacancy occurring in 
the office of the superintendent prior to May ist, the board 
of education may appoint a superintendent for the unex- 
pired portion of that school year. 

Provided, also, that if the vacancy occur through 
resignation or removal for cause, the superintendent thus 
resigning or removed shall be ineligible for reappointment to 
such office until after the reorganization of the board of 
education following the next general election of members of 
such board. 

There is no statutory duty placed upon the superintendents,^ principals or 
teachers to attend the meetings of a national educational association, nor is 
there any statutory authority to pay the expense of any such attendance out 
of the school fund. 

Section 7703. Upon his acceptance of the appoint- Powers and 
ment, such superintendent, subject to the approval and con- duties, 
firmation of the board, may appoint all the teachers, and for 
cause suspend any person thus appointed until the board 
or a committee thereof considers such suspension, but no 
one shall be dismissed by the board except as provided in 
section seventy-seven hundred and one. But any city board 
of education, upon a three-fourths vote of its full member- 
ship, may re-employ any teacher whom the superintendent 

8 s. L. 



114 



SCHOOL AND ATTENDANCE. 



"Service 
fund." 



Superintend- 
ent of village, 
township, or 
special school 
district. 



Powers and 
duties. 



Genera] duties 
of teachers. 



refuses to appoint. Such superintendent shall visit the 
schools under his charge, direct and assist teachers in the 
performance of their duties, classify and control the promo- 
tion of pupils, and perform such other duties as the board 
determines. He must report to the board annually, and 
oftener if required, as to all matters under his supervision, 
and may be required by it to attend any and all of its meet- 
ings. He may take part in its deliberations but shall not 
vote. (R. S. Sec. 4017a.) 

Section 7704. On the third Monday of every January 
the clerk of the board of education of a city school district 
shall certify lo the board of education of which he is clerk, 
the number of pupils enrolled in the public schools of that 
district, whereupon the board of such city school district 
may by resolution set aside from the contingent fund a sum 
not to exceed five cents for each child so; enrolled, such sum 
of money to be known as the "service fund" to be used only 
in paying the expenses of such members actually incurred in 
the performance of their duties ; such payments to be made 
only on statement of the several members furnished at the 
last meeting held in each month. (99 v. 322 § i.) 

Section 7705. . The board of education of each village, 
township and special school district may appoint a suitable 
person to act as superintendent, and to employ the teachers 
of the public schools of the district, for a term not longer 
than three school years, to begin within four months of the 
date of appointment. But nothing herein shall prevent two 
or more districts uniting and appointing the same person as 
superintendent. (R. S. Sec. 4017a.) 

Section 7706. Upon his acceptance of the appoint- 
ment, such superintendent may visit the schools under his 
charge, direct and assist teachers in the performance of 
their duties, classify and control the promotion of pupils, 
and perform such other duties as the board determines. He 
shall report to the board of education annually, and oftener 
if required, as to all matters under his supervision, and 
may be required by it to attend any and all of its meetings. 
He may take part in its deliberations, but shall not vote. 
But any board may permit or require the superintendent to 
devote a portion of his time to teaching, subject to its rules 
and regulations. (R. S. Sec. 4017a.) 

Section 7707. Teachers must exercise reasonable care 
in regard to school property, apparatus, and supplies intrust- 
ed to their keeping. They shall strive to guard the health 
any physical welfare of the pupils in their schools, give 
sufficient instruction in the studies pursued, and endeavor 
to maintain good discipline over all the pupils under their 
charge. But no teacher shall be required by any board to 
do the janitor work of any school room or building, except 
as mutually agreed by special contract, and for compensa- 



SCHOOL AND ATTENDANCE. 



115 



tion in addition to that received by him for his services as 
teacher. (R. S. Sec. 4018.) 

A teacher may decline to perform janitor service until the board makes 

a special contract with him for such service for compensation in addition 
to his salary as teacher. 

A teacher required by a board of education to do janitor work without 

having made a special contract so to do, and without extra compensation 

therefor, may recover the reasonable value of such services from such 
board. 16 O. D. N. P., 414. 

A board of education has no right to pay the teacher who is sick and 
unable to teach_ for the time such teacher is off duty, when said board of 
education has hired and paid a substitute in such teacher's place. 

Section 7708. If the board of education of any dis- 
trict dismisses a teacher for any frivolous or insufficient 
reason, the teacher may bring suit against such district. If, 
on trial of the cause a judgment be obtained against the 
district, the board thereof shall direct the clerk to issue an 
order upon the treasurer for the sum so found due to the 
person entitled thereto, to pay it out of any money in his 
hands belonging to the district, applicable to the payment of 
teachers. In such suits process may be served on the clerk 
of the district, and service upon him shall be sufficient. (R. 
S. Sec. 4019.) 

Since possession of a certificate is prima facie evidence of competency 
and good character the burden of sustaining a charge against the teacher for 
inefficiency, neglect of duty, immorality or improper conduct is thrown upon 
the person or persons preferring such charges. 



Teachers 
missed fo 
sufficient 
cause. 



d-s- 



Section 7709. Any publisher or publishers of school- 
books in the United States desiring to offer school-books 
for use by pupils in the common schools of Ohio as herein- 
after provided, before such books may be lawfully adopted 
and purchased by any school board, must file in the office of 
the state commissioner of common schools, a copy of each 
'book proposed to be so offered, together with the published 
list wholesale price thereof. No revised edition of any such 
book shall be used in common schools until a copy of such 
edition has been filed in the office of the commissioner to- 
gether with the published list wholesale price thereof. The 
commissioner must carefully preserve in his office all such 
copies of books and the prices thereof. (92 v. 282 § i.) 



Filing and 
preservation 
of copies and 
prices of . 
school-books. 



Section 7710. When and so often as any book and the Maximum 
price thereof is filed in the commissioner's office as provided p.rice; notifica- 
in the next preceding section, a commission consisting of the iisher! ^" 
governor, secretary of state and state commissioner of com- 
mon schools, immediately shall fix the maximum price at 
which such books may be sold to or purthased by boards 
of education, as hereinafter provided, which price must not 
exceed seventy-five per cent of the published list wholesale 
price thereof. The state commissioner of common schools 
immediately shall notify the publisher of such book so filed, 
of the maximum price fixed. If the publisher so notified, 
notifies the commissioner in writing that he accepts the 
price fixed, and agrees in writing to furnish such book dur- 
ing a period of five years at that price, such written ac- 



ii6 



SCHOOL AND ATTENDANCE. 



ceptance and agreement shall entitle the publisher to offer 
the book so filed for sale to such boards of education. (92 
V. 282 § 2.) 



Notices to 
boards. 



Section 771 i. Such commissioner, during the first 
half of the month of June, in each year, must furnish to 
each board of education the names and addresses of all 
publishers who during the year ending on the first day of 
the month of June in each year, agreed in writing to fur- 
nish their publications upon the terms above provided. A 
board of education shall not adopt or cause to be used in the 
common schools any book whose publisher has not complied, 
as to such book, with the provisions of law relating there- 
to. (92 v. 282 § 3.) 



Violation of 
agreement by 
publisher. 



Section 7712. If a publisher who agreed in writing 
to furnish books as above provided, fails or refuses to fur- 
nish such books adopted as herein provided to any board of 
education or its authorized agent upon the terms herein 
provided, such board at once must notify such commission 
of such failure or refusal, and it at once shall cause an in- 
vestigation of such charge to be made. If it is found to be 
true the commission at once shall notify such publisher and 
each board of education in the state that such book shall not 
thereafter be adopted and purchased by boards of education. 
. Such publisher shall forfeit and pay to the state of Ohio five 
hundred dollars for each failure, to be recovered in the name 
of the state, in an action to be brought by the attorney- 
general, in the court of common pleas of Franklin county, 
or in any other proper court or in any other place where 
service can be made. The amount, when collected, must 
be paid into the state treasury to the credit of the common 
school fund of the state. (92 v. 283 § 4.) 



Text books; 
how deter- 
mined; five- 
year term. 



Section 7713. At a regular meeting, held between the 
first Monday in February and the first Monday in August, 
each board of education shall determine by a majority vote 
of all members elected the studies to be pursued and which 
of such text-books so filed shall be used in the schools under 
its control. But no text-books now in use or hereafter 
adopted shall be changed, nor any part thereof altered or re- 
vised, nor any other text-book be substituted therefor for 
five years after the date of the selection and adoption there- 
of, as shown by the official records of such boards, except 
by the consent at a regular meeting, of five-sixths of all 
members elected thereto. Books so substituted shall be 
adopted for the full term of five years. (99 v. 460 § 5.) 



Injunction lies to restrain illegal change in school text-books. Lenhart 
T. Newton Tp. (Bd. of Ed.) 18 Dec. 825 (5 N. S., 129). 

The provision of the statute referring to the regular meeting "held 
between the first Monday in February and the first Monday in August" 
is directory and not mandatory, a board of education may adopt text books 
after the first Monday in August. 



SCHOOL AND ATTENDANCE. 



117 



Section 7714. Each board of education shall cause Text-books, 
it to be ascertained, and at a regular meeting determine °rd^ed" 
which, and the number of each of such books the schools 
under its charge require, and cause an order to be drawn 
for the amount in favor of the clerk of the board of educa- 
tion, payable out of the contingent fund. Such clerk at once 
shall order the books so agreed upon by the board, of the 
publisher, who on the receipt of such order must ship them 
to the clerk without delay. He forthwith shall examine the 
books, and, if found right and in accordance with the order, 
remit the amount to the publisher. The board of education 
must pay all charges for the transportation of the books, 
out of the school contingent fund. But if such boards of 
education at any time can secure of the publishers books at 
less than such maximum price, they shall do so, and with- 
out unnecessary delay may make effort to secure such low- 
er price before adopting any particular text-book. (99 v. 
460 § 5.) 

A board of education can require by contract that the publishers pay 
the freight. 

Section 7715. Each board of education shall make Board of 
all necessary provisions and arrangements to place the books power^^and 
so purchased within easy reach of and accessible to all the duties of. 
pupils in their district. For that purpose it may make such 
contracts, and take such security as it deems necessary, for 
the custody, care and sale of such books and accounting 
for the proceeds ; but not to exceed ten per cent, of the cost 
price shall be paid therefor. Such books must be sold to 
the pupils of school age in the district, at the price paid 
the publisher, and not to exceed ten per cent, therefor add- 
ed. The proceeds of sales shall be paid into the contingent 
fund of such district. Boards also may contract with local 
retail dealers to furnish such books at prices above specified, 
the board being still responsible to the publishers for all 
books purchased by it. (99 v. 460 § 5.) 

Section 7716. When pupils remove from any district, om books, 
and have text-books of the kind adopted in such district purchase of. 
and not the kind adopted in the district to which they re- 
move, and wish to dispose of them, the board of the district 
from which they remove, if requested, shall purchase them 
at the fair value thereof, and resell them as other books. 
Nothing herein shall prevent the board of education from 
furnishing free books to pupils as provided by law. (99 v. 
460 § 5-) 

Section 7717. For the purpose of carrying into effect Appropriation, 
the foregoing provisions, and paying the expenses incident 
thereto, there is hereby appropriated out of any money in 
the state treasury, to the credit of the general revenue fund, 
not otherwise appropriated, the sum of five hundred dollars, 
to be disbursed and paid on the allowance and order of the 
commissioner of common schools. (99 v. 460 § 5.) 



ii8 



SCHOOL AND ATTENDANCE. 



Sales agents, 
who may not 
be. 



Section 7718. A superintendent, supervisor or princi- 
pal, employed by any board of education in the state shall 
not act as a sales agent, either directly or indirectly, for any 
person, firm or corporation whose school text books are 
filed with such state commissioner, for use in the public 
schools of the state, as provided by law. A violation of 
this provision shall work a forfeiture of their certificates 
to teach in the public schools of Ohio. (99 v. 460 § 5.) 



Purchase of 
Howe's His- 
torical Col- 
lections of 
Ohio. 



Section 7719. Boards of education of city, village, 
township and special school districts in the state may pur- 
chase for each school in either of such districts one copy of 
"Howe's Historical Collections of Ohio," to be used as a 
reference book in the study of the history of the state. But 
such work in quality, style, binding and finish must be equal 
to the present published edition thereof, bound in half Rus- 
sia leather, and shall not cost to exceed three dollars per 
volume, for each set of three volumes. The price of the 
books and cost of transportation shall be paid out of the 
contingent fund of such district. (89 v. 241 § i.) 



Care and 
preservation 
of books. 



Section 7720. During the vacations of schools, or 
when they are out in session such books shall be taken care 
of in the same manner that maps, globes, dictionaries and 
other school apparatus are cared for and preserved. (89 
V. 241 § 2.) 



Physical 
culture in 
schools. 



Section 7721. Physical training shall be included in 
the branches regularly to be taught in public schools in city 
school districts, and in all educational institutions supported 
wholly or in part by money received from the state. Boards 
of education of city school districts, and boards of such 
educational institutions must make provisions in the schools 
and institutions under their jurisdiction for teaching phys- 
ical training, and adopt such methods as will adapt it to the 
capacity of pupils in the various grades therein. Other 
boards may make such provisions. The curriculum in all 
normal schools of the state shall contain a regular course 
on physical education. (97 v. 364 §1.) 



Powers of 
board of edu- 
cation, as to 
manual train- 
ing, etc. 



Section 7722. Any board of education may establish 
and maintain manual training, domestic science, and com- 
mercial departments ; agriculture, industrial, vocational and 
trades schools, also kindergartens, in connection with the 
public school system; and pay the expenses of establishing 
and maintaining such schools from the public school funds, 
as other school expenses are paid. (100 v. 17 § i.) 



Instruction 
as to effect 
of alcoholic 
drinks on the 
human 
systerrj, 



Section 7723. The nature of alcoholic drinks and 
other narcotics, and their effects on the human system, in 
connection with the various divisions of physiology and 
hygiene, shall be included in the branches to be regularly 



SCHOOL AND ATTENDANCE. 



119 



taught in the common schools of the state, and in all educa- 
tional institutions supported wholly, or in part, by money 
from the state. (94 v. 396 § i.) 

Section 7724. Boards of education, and boards of 
such educational institutions shall make suitable provisions 
for this instruction in the schools and institutions under 
their respective jurisdictions, giving definite time and place 
therefor in the regular course of study ; adopt such methods 
as will adapt it to the capacity of pupils in the various 
grades; and to corresponding classes as found in ungraded 
schools. The same tests for promotion shall be required 
in this as in other branches. (94 v. 396 § i.) 

Section 7725. In all teachers' institutes, normal 
schools and teachers' training classes, hereafter established 
by the state, adequate time and attention shall be given to 
instruction in the best methods of teaching such branch. 
(94 V. 396 § 2.) 



Provision 
therefor. 



Instruction 
of teachers. 



Section 7726. No certificates shall be granted to any 
person to teach in the common schools, or in any education- 
al institution supported by the state who does not pass a 
satisfactory examination on such subject, and the best 
methods of teaching it. (94 v. 396 §2.) 



Examination 
of teachers 
required. 



Section 7727. The state commissioner of common 
schools shall see that the provisions in the next two preced- 
ing sections relating to county tachers institutes, and 
schools and classes by whatever name hereafter established 
for training teachers, and the examination of teachers, are 
carried out. Each year, he must make full report of the 
enforcement of such sections in connection with his annual 
report. (94 v. 396 § 2.) 



Duty of com- 
missioner of 
common 
schools. 



Section 7728. Any school official, or employe in any 
way concerned, in the enforcement of the next five preced- 
ing sections who wilfully refuses or neglects to provide for, 
or to give the instruction as to the nature and effect of alco- 
holic drinks and other narcotics, hereinbefore required, 
shall forfeit and pay for each offense the sum of twenty- 
five dollars. Mayors, justices of the peace and probate 
judges shall have concurrent jurisdiction with the common 
pleas court to try all such offenses. All forfeitures col- 
lected hereunder must be paid into the general county 
school fund of the county in which it was collected. (94 
V. 397 § 3-) 



Forfeiture 
for failure 
to give in- 
struction. 



Section 7729. Boards of education may provide for 
the teaching of the German language in the elementary and 
high schools of the district over which they have control, 
but it shall only be taught in addition, and as auxiliary to, 
the English language. All the common branches in the 



When German 
language may 
be taught. 



I20 



SCHOOL AND ATTENDANCE. 



Suspension of 
schools in 
siilidLstricts; 
conveyance 
of pupils. 



Centralization, 
notice re- 
quired. 



Conveyance of 
pupils in 
special dis- 
tricts. 



public schools must be taught in the English language. (R. 
S. Sec. 4021.) 

Section 7730. The board of education of any town- 
ship school district may suspend the schools in any or all 
subdistricts in the township district. Upon such suspen- 
sion the board must provide for the conveyance of the pupils 
residing in such subdistrict or subdistricts to a public school 
in the township district, or to a public school in another dis- 
trict, the cost thereof to be paid out of the funds of the 
township school district. Or, the board may abolish all the 
subdistricts providing conveyance is furnished to one or 
more central schools, the expense thereof to be paid out of 
the funds of the district. No sub-district school where the 
average daily attendance is twelve or more, shall be so sus- 
pended or abolished, after a vote has been taken under the 
provisions of law therefor, when at such election a majority 
of the votes cast thereon were against the proposition of 
centralization, or when a petition has been filed thereunder 
and has not yet been votd upon at an Iction. (R. S. Sec. 
3292.) 

The courts will not interfere with the discretion of township boards 
of education in suspending schools in subdistricts. 17 O. D. N. P., 269. 

Section 7731. No township schools shall be central-- 
ized under the next preceding section by the board of educa- 
tion of the township until after sixty days' notice has been 
given by the board, such notices to be posted in a conspicu- 
ous place in each subdistrict of the township. When trans- 
portation of pupils is provided for, the conveyance must 
pass within at least the distance of one-half of a mile from 
the respective residence of all pupils, except when such 
residences are situated more than one-half of a mile from 
the public road. But the transportation for pupils living less 
than one and one-half miles, by the most direct public high- 
way, from the school house, shall be optional with the board 
of education. (R. S. Sec. 3922.) 

Section 7732. Boards of education of special school 
districts may provide for the conve3^ance of the pupils of 
such districts to the school or schools of the districts or to 
a school of any adjoining district, the expense of such con- 
veyance to be paid from the school fund of the special school 
districts. But boards of education of such districts as pro- 
vide transportation for the pupils thereof, shall not be re- 
quired to transport pupils living less than one mile from the 
school-house; and such boards of education shall not dis- 
criminate between different portions of said districts or be- 
tween pupils of similar ages or residing at similar distances 
from the school-house. 



Conveyance SECTION 7733- At its Option, the board of education 

of pupils in in any village school district may provide for the conveyance 

tricts.* '^ of the pupils of the district or any adjoining district, to the 

school or schools of the district, the expense of conveyance 



SCHOOL AND ATTENDANCE. 



121 



to be paid from the school funds of the district in which 
such pupils reside. But such boards as so provide trans- 
portation, shall not be required to transport pupils living less 
than one mile from the school house or houses. 

Section 7734. The board of any district may contract Pupils may 
with the board of another district for the admission of pupils one^d^strkt^o 
into any school in such other district, on terms agreed upon another, 
by such boards. The expense so incurred shall be paid out 
of the school funds of the district sending such pupils. (R. 
S. Sec. 4022.) 

Who may be admitted to the public schools; see Sec. 1013. 
The contract must be express, merely permitting the attendance of a non- 
resident pupil creates no liability. 50 O. S., 439. 

Section 7735. When pupils live more than one and Attendance at 
one-half miles from the school to which they are assigned "c^hoor 
in the district where they reside, they may attend a nearer 
school in the same district, or if there be none nearer there- . 
in, then the nearest school in another school district, in all 
grades below the high school. In such cases the board of 
education of the district in which they reside must pay the 
tuition of such pupils without an agreement to that efifect. 
But a board of education shall not collect tuition for such 
attendance until after notice thereof has been given to the 
board of education of the district where the pupils reside. 
Nothing herein shall require the consent of the board of 
education of the 'district where the pupils reside, to such at- 
tendance. (R. S. Sec. 4022a.) 

The foregoing section does not require the board of_ education to 
admit jjupils to a school outside the district in which they reside unless the 
school in their district is more than a mile and a half from their residence, 
and more remote from their residence than the school to which admission 
is sought. Boyce v. Board of Ed., 76 O. S., 365. 

Section 7736. Such tuition shall be paid from either Expense per 
the tuition or the contingent funds and the amount per capita. 
capita must be ascertained by dividing the total expenses of 
conducting the elementary schools of the district attended, 
exclusive of permanent improvements and repairs, by the 
total enrollment in the elementary schools of the district, 
such amount to be computed bv the month. An attendance 
any part of a month will create a liability for the whole 
month. (R. S. Sec. 4022a.) 



Section 7737. When the schools of a district are cen- 1^^^ to apply 

tralized or transportation of pupils provided, the provisions ^j!^^"g^^|?°°'^ 

of the next two preceding sections shall not apply. (R. S. ized. 
Sec. 4022a.) 

No contracts between the boards is necessary. If the receiving board 
give the permission, the sending board must pay, no permission of the sending 
board is necessary. 10 C. C, 617. 

The distance is to be measured by the most direct public highway, from 
the school house to the nearest portion of the curtilage of the child's resi- 
dence. 58 O. S., 390. 



122 



SCHOOL AND ATTENDANCE. 



Sufficient 
school ac- 
commodations 
to be pro- 
vided. 



Free school- 
books. 



Section 7738. Every board of education in this state 
must provide sufficient accommodations in the pubhc 
schools for all children in their districts compelled to at- 
tend the public schools under the provisions of this chapter. 
Authority to levy the tax and raise the money necessary for 
such purpose, is hereby given the proper officers charged 
with such duty under the law. (R. S. Sec. 4022-13.) 

Section 7739. Each board of education may furnish, 
free of charge, school-books, necessary to enable the parent 
or guardian, without expense therefor, to comply with the 
requirements of this chapter, to paid for out of the con- 
tingent fund at its disposal. Such levy each year, in addi- 
tion if necessary to that otherwise authorized, as may be 
necessary to furnish such school-books free of charge to all 
the pupils attending the public schools, is hereby authorized. 
But pupils wholly or in part supplied with necessary school- 
books shall be supplied only as other or new books are 
needed. All school-books furnished as herein provided, 
shall be the property of the district, and loaned to the pu- 
pils on such terms and conditions as each such board pre- 
scribes. (R. S. Sec. 4026.) 

Boards of education which furnish free text-books to pupils in the schools 
under their control may pay the exchange price when making an exchange 
of text-books; but it is unlawful to do so when the board has not previously 
adopted the free text-book plan as provided for by law. " 



Examination 
for entering 
high school. 



Preparation 
of questions. 



Township 
commence- 
ment. 



Section 7740. Each board of county school exam- 
iners shall hold examinations of pupils of township and 
special districts, and of village districts in the subjects of 
orthography, reading, writing, arithmetic, English grammar 
and composition, geography, history of the United States, 
including civil government, and physiology. Two such ex- 
aminations must be held annually, on the third Saturday of 
April, and one on the third Saturday of May, at such place 
or places as such board designates. 

Section 7741. The questions for all such examina- 
tions, throughout the state, shall be uniform and be pre- 
pared under the direction of the state commissioner of com- 
mon schools. Sample lists must be mailed, under seal, to 
the clerks of such boards of examiners not less than ten 
days before each examination. Upon receipt of the lists, 
the boards are required to have a sufficient number of copies 
of them printed for use at the examination. Only such ap- 
plicants as receive an average grade of seventy per cent, 
with no grade less than fifty per cent in any branch shall 
be passed. (R. S. Sec. 4029-1.) 

Section 7742. Upon written notice, filed by a suc- 
cessful applicant, with its clerk, each township board of 
education, must provide for holding a township commence- 
ment not later than the month of June, at some place within 
the civil township, and appoint some suitable person to 
have charge of it. (R. S, Sec. 4029-1.) 



SCHOOL AND ATTENDANCE. 1 23 

Section 7743. At such commencement each success- who to take 
ful appHcant residing in the township school district or any p^rt in com- 
special or joint sub-district whose school-house is located '^^^ 
within the civil township of which the township district 
forms a part, shall be required to deliver an oration or dec- 
lamation, or read an essay. Thereupon such board of edu- 
cation must issue a certificate to each successful applicant, 
stating that such applicant took part in the commencement. 
(R. S. Sec. 4029-1.) 



com- 



Section 7744. The board of county school examiners county 
shall provide for the holding of a county commencement not mencement 
later than August fifteenth, at such place at it determines. '^ °^^' 
At this commencement an annual address must be delivered, 
at the conclusion of which a diploma shall be presented to 
each successful applicant who has complied with the provis- 
ions hereof. Such diploma shall entitle its holder to enter 
any high school in the state. (R. S. Sec. 4029-1.) 

If a pupil is only in the seventh grade and passes this examination he 
can enter the high school. 

Section 7745. The compensation of county examiners Compensation 
and clerks of boards thereof shall be the same as that fixed examiner'' 
by law for the examination of teachers. Each member of ^nd clerk. 
such board of examiners, together with the clerk thereof, 
shall be allowed the minimum fee provided for holding ex- 
aminations for teachers as . remuneration for his services 
incident to the county Boxwell commencement. Such com- 
pensation and the necessary expenses incident to the exami- 
nation and county commencement shall be paid out of the 
county treasury as provided by law as to examinations of 
teachers. No extra compensation shall be allowed to county 
examiners for holding the county commencement. (R. S. 
Sec. 4029-2.) 

Section 7746. The expenses incident to the township Expense ot 
commencement shall be paid by the township board of edu- ^^'^^^^' 
cation' from the contingent fund of the township district. 
When the pupils of special districts take part in such com- 
mencements the board of education of such districts, from 
their contingent funds, shall pay to the township board of 
education their share of such expenses, such share to be 
based on the proportion of pupils, from each district, taking 
part in such commencements. (R. S. Sec. 4029-2.) 

Section 7747. The tuition of pupils holding diplomas Diplomas, 
and residing in township or special districts, in which no ^f *tu;t°4 ^^ 
high school is maintained, shall be paid by the board of 
education of the school district in which they have legal 
school residence, such tuition to be computed by the month. 
An attendance any part of the month shall create a liability 
for the entire month ; but a board of education maintaining 
a high school shall not charge more tuition than it charges 
for other non-resident pupils. (R. S. Sec. 4029-3.) 



124 



SCHOOL AND ATTENDANCE. 



Third grade 
high school, 
duty of board 
to graduates. 



Transporta- 
tion of 
pupils. 



Removal from 
village or 
city; effect of 



Section 7748. A board of education providing a third 
grade high school as defined by law shall be required to pay 
the tuition of graduates from such school residing in the 
district at any first grade high school for two years, or at a 
second grade high school for one year and a first grade 
high school for one year. Such a board providing a second 
grade high school as defined by law shall pay the tuition of 
graduates residing in the district at any first grade high 
school for one year; except that, a board maintaining a 
second or third grade high school is not required to pay 
such tuition when a levy of twelve mills permitted by law 
for such district has been reached and all the funds so 
raised are necessary for the support of the schools of such 
district. No board of education is required to pay the 
tuition of any pupil for more than four school years ; ex- 
cept that it must pay the tuition of all successful applicants, 
who have complied with the further provisions hereof, re- 
siding more than four miles by the most direct route of 
public travel, from the high school provided by the board, 
when such applicants attend a nearer high school, or in 
lieu of paying such tuition the board of education main- 
taining a high school may pay for the transportation of the 
pupils living more than four miles from the said high 
school, maintained by the said board of education to said 
high school. Where more than one high school is main- 
tained, by agreement of the board and parent or guardian, 
pupils may attend either and their transportation shall be 
so paid. A pupil living in a village or city district who has 
completed the elementary school course and whose legal 
residence has been transferred to a township or special 
district in this state before he begins or completes a high 
school course, shall be entitled to all the rights and 
privileges of a Boxwell-Patterson graduate. 

The foregoing section being general in its application, includes all boards 
of education — city, village, township and special. Attorney General. 



Transporta- 
tion to high 
school. 



Section 7749. When the elementary schools of any 
township school district in which a high school is main- 
tained are centralized and transportation of pupils is pro- 
vided all pupils resident of the township school district 
holding diplomas shall be entitled to transportation to the 
high school of such township district, and the board of 
education thereof shall be exempt from the payment of the 
tuition of such pupils in any other high school for such a 
portion of four years as the course of study in the high 
school maintained by the board of education includes. (R. 
S. Sec. 4029-3.) 



Agreement, 
effect of, as 
to tuition. 



Section 7750. A board of education not having a 
high school may enter into an agreement with one or more 
boards of education maintaining such school for the school- 
ing of all its high school pupils-. When such agreement is 
made the board making it shall be exempt from the payment 
of tuition at other high schools of pupils living within three 



SCHOOL AND ATTENDANCE. 



i-^b 



miles of the school designated in the agreement, if the 
school or schools selected by the board are located in the 
same civil township, as that of the board making it, or some 
adjoining township. In case no such agreement is entered 
into, the school to be attended can be selected by the pupil 
holding a diploma, if due notice in writing is given to the 
clerk of the board of education of the name of the school 
to be attended and the date the attendance is to begin, such 
notice to be filed not less than five days previous to the be- 
ginning of attendance. (R. S. Sec. 4029-3.) 

Section 7751. Such tuition shall be paid from either Tuition, 
the tuition or contingent funds and when the board of edu- ^°* p^"^- 
cation deems it necessary it may levy a tax of not to exceed 
two mills on each dollar of taxable property in the district 
in excess of that allowed by law for school purposes. The 
proceeds of such levy shall be kept in a separate fund and 
applied only to the payment of such tuition. (R. S. Sec. 
4029-3.) 



What shall 
constitute a 
high school. 



Section 7752. No board of education shall be entitled 
to collect tuition under this chapter unless it is maintaining 
a regularly organized high school with a course of study ex- 
tending over not less than two years and consisting mainly 
of branches higher than those in which the pupil is exam- 
ined. The standing or grade of all public high schools in 
the state shall be determined by the state commissioner of 
common schools, and his finding in reference thereto shall 
be final. (R. S. Sec. 4029-4.) 

Section 7753. To aid in the recognition and classi- ^j^. gjgggjg. 
fication of high schools, established or seeking recognition cation of 
in accordance with the provisions of this chapter, the state Two 
commissioner of common schools shall appoint two com- inspectors, 
petent inspectors. Under the orders and supervision of 
the commissioner of schools such inspector shall make ex- 
aminations of any public schools in the state, visit teach- Duties; term; 
ers' institutes, confer with various school authorities and salary, 
assist the state commissioner of common schools in such 
other ways as he may direct. The term of the inspectors 
now holding office shall continue until the third Monday in 
July following the expiration of their present terms, and 
thereafter one of such inspectors shall be appointed on 
the third Monday of each July to hold office for two years 
and until his successor is appointed and qualified. Such 
inspectors shall be paid an annual salary of two thousand 
dollars. 



Section 7754. The visitors or field agents of any insti- pjej^ agents, 
tution of higher learning, supported wholly or in part by the report of. 
state of Ohio, shall furnish the state commissioner of com- 
mon schools with a report of all inspection of public high 
schools made by them. The reports shall be in such form 
as the commissioner may prescribe. (R. S. Sec. 4029-45.) 



126 



SCHOOL AND ATTENDANCE. 



Establishment 
of schools for 
the education 
of the deaf. 



SCHOOLS FOR THE DEAF. 

Section 7755. Upon application by a board of educa- 
tion of any school district in Ohio to the state commissioner 
of schools, he shall grant permission to such board, and it 
thereupon may maintain within its limits one ur more day 
schools, having an average attendance of not less than three 
pupils, for the instruction of deaf persons over the age of 
three, residents of this state. (98 v. 219 §1.) 



Report to 
state com- 
missioner of 
schools. 



Section 7756. A board of education, which maintains 
one or more day schools for the instruction of the deaf, shall 
report to the state commissioner of schools annually, and 
as often as such commissioner directs, such facts concerning 
such school or schools as he requires. (98 v. 219 § 2.) 



How expense 
of school de- 
frayed. 



Section 7757. The county auditor in each county shall 
apportion and the county treasurer pay out of the state com- 
mon school fund received by such county, to the treasurer or 
other financial officer of a board of education, maintaining a 
school or schools for the instruction of the deaf, one hun- 
dred and fifty dollars for each deaf pupil, resident of such 
county, instructed in any such school for at least nine 
months during the school year and a share of such sum pro- 
portionate to the term of instruction of any such pupil so 
instructed less than nine months during such year. If no 
school is maintained in a county, but persons residing 
therein attend such school in another county, then the 
county treasurer of the county not having such a school shall 
apportion and pay to the financial officer of the board of 
education of such other county the amount above specified 
for each pupil atending such school therein. (98 v. 219 
§3-) 



Payment of 
expenses. 



Section 7758. The sums provided m the next preced- 
ing section shall be paid by such county treasurer as soon 
as may be after the receipt by him of the state common 
school fund in each year, upon satisfactory proof made to 
him by the president or clerk of the board of education 
maintaining such a school, of the number of pupils instructed 
therein, their residences, and the period of time such pupils 
was so instructed in such school or schools, the preceding 
school year. (98 v. 219 § 4.) 



Appointment 
and qualifica- 
tions of 
teachers. 



Section 7759. Teachers in such schools shall be ap- 
pointed and employed as are other public school teachers. 
Persons appointed to teach in such a school must have had 
special training for teaching, and also special training in the 
teaching of the deaf, including at least one year's experience 
as a teacher in a school for the deaf. The so-called "oral" 
system shall be taught by such teachers. If after fair trial 
of nine months, any of such children, for any reason, is un- 



SCHOOL AND ATTENDANCE. 



127 



able to learn such method, then no further expense shall be 
incurred in effort to teach such child in such primary 
schools. (98 V. 219 § 5.) 

Section 7760. For the purposes hereof, any person of ^ho shall be 
sound mind, who, by reason of defective hearing, cannot considered 
profitably be educated in the public schools, as other chil- 
dren, shall be considered as deaf. (98 v. 220 § 6.) 

Section 7761. The state school commissioner shall inspection of 
select some competent person to inspect all such day schools schools for 
organized, and cause an inspection thereof to be made at 
least twice a year. Persons so appointed must make a writ- 
ten report to such commissioner of the buildings in which 
such schools are held, the method of instruction and all other 
matters which may seem to be of interest and profit to the 
education of the children therein. (98 v. 220 § 7. ) 



CHAPTER 3a. 



TEACHING OF AGRICULTURE. 



Section 

7761-1. Agriculture to be taught in common 

schools; exception. 
7761-2. Four districts; how composed. 
7761-3. District supervisors; duties. 
7761-4. Appointment; term; non-partisan. 



Sectioi? 
7761-5. Salary. 
7761-6. Dismissal. 

7761-7. Removal vacates office; vacancies. 
(7761-8. Act takes effect, when.) 



Agriculture 
to be taught 
in common 
schools. 



Exception. 



Section 7761-1. That agriculture be added to and 
made one of the branches of education to be taught in the 
common schools of the state of Ohio ; and that said branch 
of agriculture shall be taught in all the common schools of 
said state of Ohio, which schools are supported in whole or 
in part by the state; in any village, township or special 
school district; provided however, that the provisions of 
this act shall not apply to city school districts of said state. 



Four districts; 
how composed. 



Section 7761-2. That the state of Ohio be divided into 
four agricultural districts to be mapped out, located and 
defined by the state commissioner of common schools of 
said state of Ohio; provided however, that said agricultural 
districts shall be made up and composed of counties which 
are contiguous and that no county in the state shall be di- 
vided in the laying out of said districts so that part of said 
county shall be included in one of said agricultural districts 
and part in another district. 



District super- 
visors; duties. 



Section 7761-3. That the state commissioner of com- 
mon schools shall superintend all such agricultural education 
in Ohio designated in Section i of this act, and shall have 
full power to, and shall appoint in each and every one of 
said agricultural districts, so mapped out and designated by 
him, a person to be known as a district supervisor of agri- 
culture whose duty it shall be to visit and co-operate with 
the several boards of education in his respective district 
in mapping out such a course of study in agriculture as 
they may think best adapted to the wants and needs of the 
people of the respective school districts ; to visit the county 
teachers institute in every county in his district and give 
public instruction in the teaching of agriculture to the 
teachers of the several schools designated in Section i of 
this act; to co-operate with the state board of agriculture 
and give the state such time as may be necessary to lecture 
on agricultural subjects as they may be applied to the 
schools designated in Section i of this act at least once a 
year in every county in his agricultural district; to en- 
courage county agricultural societies in each county of his 

128 



TEACHING OF AGRICULTURE. 



1^9 



Appointment; 
term. 



agricultural district in establishing school children's agri- 
cultural exhibits at each annual county fair ; to make regu- 
lar reports to the state comissioner of common schools 
at the end of each month, relating to the promotion of 
agricultural education in the schools designated in Section, 
I of this act, in their respective agricultural districts ; and 
to make such other and further reports to said state school 
commissioner and to perform such other and further du- 
ties for the promotion of agricultural education in said 
schools, as the said state school commissioner may direct. 

Section 7761-4. That the appointments of persons to 
fill the offices of district supervisors of agriculture as desig- 
nated and defined in Section 3 of this act shall be made on 
the first Monday of August, 191 1, and biennially thereaf- 
ter, and the persons so appointed district supervisors of 
agricultural education shall serve for two years from date 
of appointment and not more than two of them shall be Non-partisan, 
of the same political party. 

Section 7761,-5. That each and every one of said dis- salary, 
trict supervisors of agricultural education designated and 
provided for in this act shall receive an annual salary of 
two thousand dollars (2,000.00) and his necessary travel- 
ing expenses not to exceed one thousand dollars ($1,000.00) 
per annum. 

Section 7761-6. That any district supervisor of edu- Dismissal. 
cational agriculture provided for in this act may be dis- 
missed from said oifice by the state commissioner of com- 
mon schools for incompetency, immorality or neglect of 
duty, but no such district supervisor shall be dismissed 
without just cause, when he is known to be making a suc- 
cess of his work. 



Section •]'j(ii-j. That whenever any of the district 
supervisors of agriculture provided for in this act removes 
from the district from which he was appointed, his office 
shall be declared vacant by the state .commissioner of com- 
mon schools and whenever vacancies occur in the office 
of district supervisor of agriculture in any district provid- 
ed for in this act, caused by death, resignation, removal 
from office, removal from the district for which he was 
appointed, or from any other cause, said vacancies shall 
be filled by the said state commissioner of common schools. 

Section 7761-8. That this act shall take effect and be 
in force from and after the last Monday in July of the year 
1911. 



Removal 

vacates 

office. 



Vacancies. 



(Act takes 
effect when). 



9 S. L. 



CHAPTER 4. 

COMPULSORY EDUCATION. 



Section 

7762. Branches children must be taught. 

7763. Kecessary time of attendance; excuse. 

7764. Appeal in case of refusal to excuse. 

7765. Employment of children under age of 

sixteen years. 

7766. Age and schooling certificate. 

7767. Attendance of minors in certain cases. 

7768. Juvenile disorderly persons. 

7769. Truant officers. 

7770. Powers. 

7771. Duties. 

7772. Report of principal and teachers. 

7773. Proceedings in case of truancy. 



Section 

7774. Proceedings against juvenile disorderly 

persons. 

7775. When inmate of children's home com- 

mitted to reformatory. 

7776. Costs. 

7777. Relief to enable child to attend school. 

7778. Deaf and dumb or blind institutions. 

7779. Truant officers report to probate judge. 

7780. Proceedings by probate judge. 

7781. Costs. 

7782. Notice to board of county visitors. 

7783. Employment of attorney; compensation. 



Branches 
children must 
be taught. 



Section 7762. All parents, guardians and other per- 
sons who have care of children, shall instruct them, or cause 
them to be instructed in reading, spelling, writing, English 
grammar, geography and arithmetic. (R. S. Sec. 4022-1.) 



Necessary 
time of at- 
tendance; 
excuse. 



' Section 7763. Every parent, guardian or other per- 
son having charge of any child between the ages of eight 
and fourteen years must send such child to a public, private 
or parochial school, for the full time that the school at- 
tended is in session, which shall in no case be for less than 
twenty-eight weeks. Such attendance must begin within the 
first week of the school term, unless the child is excused 
therefrom by the superintendent of the public schools, in 
city or other districts having such superintendent, or by the 
clerk of the board of education in village, special and town- 
ship districts not having a superintendent, or by the prin- 
cipal of the private or parochial school upon satisfactory 
showing, either that the bodily or mental condition of the 
child does not permit of its attendance at school, or that the 
child is being instructed at home by a person qualified, in 
the opinion of such superintendent, or clerk as the case may 
be, to teach the branches named in the next preceding sec- 
tion. 

Parent not complying with b9ard of education's order to vaccinate child 
not amenable to compulsory education act. State v. Tumey, 31 O. C. C, 222, 
(12 N. S. 33). 



Appeal in 
case of re- 
fusal to 
excuse. 



Section 7764. In case such superintendent, principal 
or clerk refuses to excuse a child from attendance at school, 
an appeal may be taken from such decision to the probate 
judge of the county, upon the giving of a bond, within ten 
days thereafter, to the approval of such judge, to pay the 
costs of the appeal. His decision in the matter shall be final. 
All children between the ages of fourteen and sixteen years, 
not engaged in some regular employment, shall attend 

130 



COMPULSORY EDUCATION. 



131 



school for the full term the schools of the district in which 
they reside are in session during the school year, unless ex- 
cused for the reasons above named. (R. S. Sec. 4022-1.) 

Section 12974. Whoever, being a parent, guardian, or other Failure to 
person having the care of a child between the age of eight and f ^"'^ hooj''^ 
fourteen years, fails to place such child in a public, private or 
parochial school at the commencement of the annual school term, 
in accordance with the law relating to compulsory education and 
within the tirtie prescribed in such law, shall be fined not less than 
five dollars nor more than twenty dollars. Upon failure or refusal 
to pay such fine, said parent, guardian, or other person shall be 
imprisoned in jail not less than ten days nor more than thirty 
days. (R. S. Sec. 4022-1.) 

Section 7765. No child under sixteen years of age Empiovment 
shall be employed or be in the employment of any person, un(fe^'\'he"ag 
company or corporation during the school term and while °l sixteen 
the public schools are in session, unless such child presents 
to such person, company or corporation an age and school- 
ing certificate herein provided for as a condition of employ- 
ment, who shall keep the same on file for inspection by the 
truant officer or officers of the department of workshops 
and factories. 



Section yy66. An age and schooling certificate shall 
be approved only by the superintedent of schools, or by a 
person authorized by him, in city or other districts having 
such superintendent, or by the clerk of the board of educa- 
tion in village, special and township districts not having such 
a superintendent, upon satisfactory proof that such child is 
over fourteen years of age, and that such child has been 
examined and passed a satisfactory fifth grade test in the 
studies enumerated in section seventy-seven hundred and 
sixty-two; provided, that residents of other states who work 
in Ohio must qualify as aforesaid with the proper school 
authority in the school district in which the establishment 
is located, as a condition of employment or service, and 
that the employment contemplated by the child is not pro- 
hibited by any law regulating the employment of children 
under sixteen years of age. Every such age and schooling 
certificate shlll be signed in the presence of the officer issu- 
ing the same, by the child in whose name it is issued. The 
age and schooling certificate must be formulated by the state 
commissioner of common schools and furnished, in blank, 
by the clerk of the board of education. Any child between 
fourteen and sixteen years of age, who shall cease to work 
for any cause whatever shall report the fact and cause at 
once to the superintendent of schools, or by a person author- 
ized by him, in city or other districts having such superin- 
tendent, or to the clerk of the board of education in village; 
township or special districts not having such superintendent ; 
said child shall be required to return to school within two 
weeks, provided other employment is not secured within 
such time; provided, that should a child in the opinion of the 
superintendent or person authorized by him in cities and dis- 



Age and 
schooling 
tificate. 



Form of 
certificate. 



13^ 



COMPULSORY EDUCATION 



Pledge of 
employer. 



Birth cer- 
tificate. 



Health cer- 
tificate. 



tricts having such superintendent or the clerk of the board 
of education in village, township, or special districts lose his 
employment by reason of persistent, wilful misconduct or 
continuous inconstancy, he may be placed in school until 
the close of the current school year. The superintendent 
of schools, or the person authorized by him to issue age and 
schooling certificates, shall not issue such certificate until he 
has received, examined and approved and filed the following 
papers duly executed: (i) The written pledge or promise 
of the person, partnership or corporation to legally employ 
the child, also the written agreement to return to the superin- 
tendent of schools or to the person authorized by the 
superintendent of schools to issue such certificate, the age 
and schooling certificate of the child, within two days from 
date of the child's withdrawal or dismissal from tne service 
of the person, partnership or corporation, giving the reason 
for such withdrawal or dismissal; (2) The school record of 
such child properly filled out and signed by the principal or 
other person in charge of the school which such child last^ 
attended, giving the name, age, address, standing In studies 
enumerated in Section seven thousand seven hundred and 
sixty-two and number of weeks attendance in school during 
the year previous to applying for such school record, and 
general conduct; (3) A passport or duly attested transcript 
of the certificate of birth or baptism or other religious rec- 
ord, showing the date and place of birth of such child; a 
duly attested transcript of the birth certificate filed according 
to law with a registrar of vital statistics, or other officer 
charged with the duty of recording births, shall be conclusive 
evidence of the age of the child ; or the affidavit of the 
parent or guardian or custodian of the child applying for 
an age and schooling certificate showing the place and date 
of birth of such child, which affidavit must be taken before 
the officer issuing the age and schooling certificate, who is 
hereby authorized and required to administer such oath, and 
who shall not receive or demand a fee thereof ; (4) When 
a reasonable doubt exists in the mind of the superintendent 
or the person authorized by him that the child has not 
reached the normal development of a child of its age and is 
not in sound health and physically able to perform the work 
which it intends to do, he shall require of the parent or guar- 
dian a certificate from the board of health showing that the 
child is able to perform the work he is to be employed at. 



Attendance of 
minors in cer- 
tain cases. 



Part time 
day schools. 



Section 7767. All minors over the age of fourteen and 
under the age of sixteen years, who have not passed a satis- 
factory fifth grade test in the studies enumerated in Section 
seventy-seven hundred and sixty-two, shall atend school as 
provided in Section seventy-seven hundred and sixty-three, 
and all the provisions thereof shall apply to such minors. 

In case the board of education of any school district 
establishes part time day schools for the instruction of youth 
over fourteen years of age who are aigaged in regular em- 
ployment, such board of education is authorized to require 



COMPULSORY EDUCATION. 



133 



all youth who have not satisfactorily completed the eighth 
grade of the elementary schools, to continue their schooling 
until they are sixteen years of age; provided, however, that 
such youth if they have been, granted age and schooling cer- 
tificates and are regularly employed, shall be required to at- 
tend school not to exceed eight hours a week between the 
hours of 8 A. M. and 5 P. M. during the school term. All 
youth between fourteen and sixteen years of age, who are 
not employed, shall be required to attend school the full 
time. 



Section 7768. Every child between the ages of eight juvenile dis- 
and fourteen years, and every child between the ages of gons!^'^ ^^'^' 
fourteen and sixteen years not engaged in some regular em- 
ployment, who is an habitual truant from school, or who 
absents itself habitually from school, or who, while in at- 
tendance at any public, private or parichial school, is in- 
corrigible, vicious or immoral in conduct, or who habitually 
wanders about the streets and public places during school 
hours having no business or lawful occupation, or violates 
any of the provisions of this act, shall be deemed a delin- 
quent child, and shall be subject to the provisions of law 
relating to delinquent children. 

Many different meanings are likely to be attached to the phrases "regu- 
lar employment," "habitual truant," "lawful occupation," etc., and in the ab- 
sence of any decision of the court defining these expressions, it is very diffi- 
cult, in fact scarcely possible, to draw an exact line of definition. Boards of 
education should adopt rules governing such matters. Such rules should 
inform the public as to the interpretation placed upon these expressions by 
the board, and if reasonable, would almost certainly be sustained by the 
courts. 

Section 7769. To aid in the enforcement hereof, tru- Truant 
ant officers shall be appointed as follows: In city districts officers; ap- 

, 1 , r 1 • • 1 1 pomtment, 

the board of education must appoint and employ a truant etc. 
officer, and may employ such assistants to such truant officer 
as may be deemed advisable; in special, village and town- 
ship districts the board of education shall appoint a con- 
stable or other person as truant officer. The compensation 
of the truant officer and assistants shall be fixed and paid 
by the board appointing them. 

Section 7770. The truant officer and assistants shall Powers, 
be vested with police powers, the authority to serve war- 
rants, and have authority to enter workshops, factories, 
stores and all other places where children are employed, 
and do whatever may be necessary, in the way of investiga- 
tion or otherwise, to enforce this act. He also may take 
into custody any youth between eight and fourteen years of 
age, or between fourteen and sixteen years of age when 
not regularly employed who is not attending school, and 
shall conduct such youth to the school he has been attend- 
ing, or which he rightfully should attend. 

Section 7771. The truant officer shall institute pro- jj^^j^g 
ceedings against any officer, parent, guardian, person, part- 
nership or corporation violating any provisions of this chap- 



134 



COMPULSORY EDUCATION. 



Record. 



Report of 
principal and 
teachers. 



Blanks. 



Special 
course. 



ter, and otherwise discharge the duties described therein, and 
perform such other services as the superintendent of schools 
for the board of education may deem necessary to preserve 
the morals and secure the good conduct of school children, 
and to enforce the provisions of this chapter. The truant 
officer shall keep on file the name, address and record of all 
children between the ages of fourteen and sixteen to whom 
age and schooling certificates have been granted who desire 
employment, and manufacturers, employers or other persons 
requiring help of legal age shall have access to such files. 
The truant officer shall co-operate with the department of 
workshops and factories in enforcing the conditions and re- 
quirements of the child labor laws of Ohio, furnishing upon 
request such data as he has collected in his reports of chil- 
dren from eight to sixteen years of age and also concerning 
employers, to the department of workshops and factories 
and to the state commissioner of schools. He must keep a 
record of his transactions for the inspection and informa- 
tion of the superintendent of schools and the board of edu- 
cation, and make daily reports to the superintendent during 
the school term in districts having them, and to the clerk of 
the board of education in districts not having superintend- 
ents as often as required by him. Suitable blanks for the 
use of the truant officer shall be provided by the clerk of the 
board of education. 

Chief and district inspectors of workshops have authority of truant offi- 
cers, etc., under act as to employment of minors; see Sec. 6246. 

Where a pupil is attending school in a district in which he does not 
reside, he is under the jurisdiction of the school officers of the district where 
he attends. 

Section 7772. Principals and teachers of all schools, 
public, private and parochial, shall report to the clerk of the 
board of education of the city, special, village or township 
district in which the schools are situated, the names, ages 
and residence of all pupils in attendance at their schools, 
together with such other facts as said clerk may require in 
order to facilitate the carrying out of the provisions of this 
chapter. The clerk shall furnish blanks for such purpose, 
and such report shall be made during the last week of each 
month from September to June inclusive of each year. Such 
principals and teachers also must report to the truant officer, 
the superintendent of public schools, or the clerk of the 
board of education, all cases of truancy or incorrigibility in 
their respective schools as soon after these offenses have 
been committed as practicable. It shall further be within 
the power of all principals or teachers in charge of schools, 
wherever a child in school reaches his or her twelfth year 
and has not completed the fourth grade work in the studies 
enumerated in Section seventy-seven hundred sixty-two, to 
relieve such child from pursuing the regular course pre- 
scribed and cause such child to give his entire time to read- 
ing, writing, spelling, geography, arithmetic and the use of 
the Englfsh language with as much manual training as op- 
portunity and funds will permit. 

Boards of education should have blank forms printed to comply with the 
provisions of this section of the I3W. 



COMPULSORY EDUCATION. 



135 



Section 7773. On the request of the superintendent 
of schools or the. board of education or when it otherwise 
comes to his notice, the truant officer shall examine into 
any case of truancy within his district, and warn the tru- 
ant and his parents, guardian or other person in charge, in 
writing, of the final consequences of truancy if persisted in. 
When any child between the ages of eight and fourteen 
years, or between the ages of fourteen and sixteen years, in 
violation of the provisions of this chapter is not regularly 
employed, is not attending school, the truant officer shall 
notify the parent, guardian or other person in charge of 
such child, of the fact, and require such parent, guardian or 
other person in charge, to cause the child to attend some 
recognized school within two days from the date of the 
notice; and it shall be the duty of the parent, guardian or 
other person in charge of the child so to cause its attend- 
ance at some recognized school. Upon failure to do so, the 
truant officer shall make complaint against the parent, guar- 
dian or other person in charge of the child, in any court of 
competent jurisdiction in the city, special, village or town- 
ship district in which the offense occurred for such failure. 



Proceedings 
in case or 
truancy. 



Section 12975. Whoever employs a minor under sixteen Violation, 
years of age before exacting from such minor the age and school 
ing certificate provided by law, or fails to keep such certificate on 
file, or who fails to return to the superintendent of schools or 
the person authorized by him such certificate within two days 
from such minor's withdrawal or dismissal from his services as 
provided in section seventy-seven hundred and sixty or to permit 
a truant officer, upon request therefor, to examine such certificate, 
shall be fined not less than twenty-five dollars nor more than Penalty, 
fifty dollars. . ■ 



Section 12977. Whoever, being the parent or guardian or Violation; 
other person in charge of a minor between eight and fourteen penalty, 
years of age, or a minor between fourteen and sixteen years of 
age who has not passed a satisfactory fifth grade test in the 
studies enumerated in section seventy-seven hundred and sixty- 
two, or is not regularly employed, upon notice from a truant 
officer as provided by law, fails to cause such minor to attend a 
public, private, or parochial school, unless such person proves his 
inability so to do, shall be fined not less than five dollars nor more 
than twenty dollars, or the court may in its discretion, require the 
person so convicted to give a bond in the sum of one hundred 
dollars, with sureties to the approval of the court, conditioned 
that he or she will cause the child under his or her charge to 
attend some recognized school within two days thereafter and to 
remain at such school during the term prescribed by law; and 
upon the failure or refusal of any such parent, guardian or other 
person to pay said fine and costs or furnish said bond according 
to the order of the court, then said parent, guardian or other 
person shall be imprisoned in the county jail not less than ten Imprisonment, 
days nor more than thirty days. 



Section 7774. If the parent, guardian or other person 
in charge of any child, upon complaint for a failure to cause 
the child to attend a recognized school, proves inability to 
do so, then he or she must be discharged and thereupon the 
truant officer shall make complaint that the child is a juve- 
nile disorderly person within the 'meaning of section 



Proceedings 

against juven- 
ile disorderly 
persons. 



136 



COMPULSORY EDUCATION. 



\\'hen inmate 
of children's 
home com- 
mitted to 
refcrmatory. 



Costs. 



Relief to 
enable child 
to attend 
school. 



seventy-seven hundred and sixty-eight. If such complaint 
be made before a mayor, justice of the peace, or pohce 
judge, it must be certified by such magistrate to the probate 
judge. The probate judge shall hear the cvomplaint, and if 
he determines that the child is a juvenile disorderly person 
within the meaning of such section, and if under ten years 
of age, and eligible for admission thereto, he shall commit 
the child to a children's home, or if not eligible, then to a 
house of refuge, if there be one in the county or to the boys' 
industrial school or the girls' industrial home, or to some 
other juvenile reformatory. (R. S. Sec. 4022-8.) 

Section 7775. No child over ten years of age shall be 
committed to a county children's home. Any child com- 
mitted to such a home, on request of the trustees thereof, 
and it being shown that it is vicious and incorrigible, may 
be transferred by the probate judge to the boys' industrial 
school or the girls' industrial home. A child committed to- 
any juvenile reformatory under the next preceding section, 
shall not be detained there beyond the age of sixteen years 
and may be discharged sooner by the trustees under the re- 
strictions applicable to other inmates. An order of commit- 
ment to a juvenile reformatory may be suspended, in the 
discretion of the probate judge, and for such time as the 
child regularly attends school and properly conducts itself. 
(R. S. Sec. 4022-8.) 

Section 7776. The expense incurred in the transpor- 
tation of a child to a juvenile reformatory and the costs in 
the case in which the order of commitment is made, or the 
child discharged, or in which judgment is suspended, shall 
be paid by the county where the offense was committed, 
after the manner provided in case of commitment to a boys' 
industrial school. But if for any cause the parent, guar- 
dian or other person in charge of a juvenile disorderly per- 
son as defined in section seventy-seven hundred and sixty- 
eight fails to cause such person to attend school, then com- 
plaint against such person shall be made, heard and de- 
termined in like manner as provided in case the parent 
proves inability to cause such person to attend school. (R. 
S. Sec. 4022-8.) 

Section "j^JJ. When a truant officer is satisfied that 
a child, compelled to attend school by the provisions of this 
chapter, is unable to do so because absolutely required to 
work at home or elsewhere in order to support itself or help 
to support or care for others legally entitled to its services 
who are unable to support or care for themselves, such of- 
ficer must report the case to the president of the board of 
education. Thereupon he shall furnish text books free of 
charge, and such other relief as may be necessary to enable 
the child to attend school for the time each year required by 
law. The 'expense incident to furnishing books and relief 
must be paid from the contingent funds of the school djs- 



COMPULSORY EDUCATION. 137 

trict. Such child shall not be considered or declared a 
pauper by reason of the acceptance of the relief herein pro- 
vided for. If the child, or its parents or guardian, refuses 
or neglects to take advantage of the provisions thus made 
for its instruction, it may be committed to a children's home 
or a juvenile reformatory, as provided for in the next three 
preceding sections. (R. S. Sec. 4022-9.) 

Section 7778. The provisions of this chapter shall Deaf and 
apply to children entitled under existing statutes, to attend fnTkutions!'"'^ 
school at the institution for the deaf and dumb or the in- 
stitution for the blind, so far as they are properly enforc- 
ible. (R. S. Sec. 4022-10.) 



Section 7779. Annually between the first day of July 
and the first day of August, truant officers must report to 
the probate judge of their respective counties the names, 
ages and residences of all such children between the ages 
of eight and eighteen years, with the names and postoffice 
address of their parents, guardians or the persons in charge 
of them ; also a statement whether the parents, guardians 
or persons in charge of each child is able to educate and is 
educating the child, or whether the interests of the child 
will be promoted by sending it to one of the state institu- 
tions mentioned. (R. S. Sec. 4022-10.) 



Truant offi- 
cers report to 
probate judge. 



Section 7780. Upon information thus or otherwise Proceedings 
obtained, the probate judge may fix a time when he will hear j'ud|e'!°'^^*^ 
the question whether any such child shall be required to be 
sent for instruction to one of the state institutions men- 
tioned, and thereupon issue a warrant to the proper truant 
offi'cer or some other suitable person, to bring the child be- 
fore him, at his office at the time fixed for the hearing. He 
also shall issue an order on the parents, guardian or person 
in charge of the child to appear before him at such hearing, 
a copy of which order, in writing, must be served person- 
ally on the proper person by the truant officer or other per- 
son ordered to bring the child before the judge. If. on the 
hearing, the probate judge is satisfied that the child is not 
being properly educated at home, and will be benefited by 
attendance at one of the state institutions mentioned, and 
is a suitable person to receive instruction therein, he may 
send or commit such child thereto. (R. S. Sec. 4022-10.) 



Section 7781. The costs of such hearing, and the 
transportation of the child to such institution shall be paid 
by the county after the manner provided, when a child is 
committed to a state reformatory. Nothing in the next two 
preceding sections shall require the trustees of either of the 
state institutions mentioned, to receive any child not a suit- 
able subject to be received and instructed therein, under the 
laws, rules and regulations governing such institutions. (R, 
S. Sec. 4022-10.) 



Costs. 



138 



COMPULSORY EDUCATION. 



Notice to 
board of 
county 
visitors. 



Section 7782. In every case of complaint against a 
child involving commitment to a children's home or juve- 
nile reformatory, the board of county visitors shall be noti- 
fied and must attend and protect the interest of the child 
on the hearing, as provided by law in regard to the commit- 
ment to an industrial or reform school. The order of com- 
mitment of the child to a state reformatory must show that 
the county visitors were so notified and attended the hear- 
ing. (R. S. Sec. 4022-11.) 



Employment 
of attorney; 
compensation. 



Section 7783. Boards of education are authorized to 
employ legal counsel to prosecute any case arising under the 
provisions of this chapter when it deems that necessary. 
The services of such counsel shall be paid for from the con- 
tingent fund of the district. (R. S. Sec. 4022-11.) 



Violating com- 
pulsory educa- 
tion laws. 



Section 12981. Whoever, being an officer, principal, teacher, 
or other person, neglects to perform a duty imposed upon him by 
the laws relating to compulsory education or employment of 
minors, for which a specific penalty is not provided by law, shall 
be fined not less than twenty-five dollars nor more than fifty 
dollars for each offense. (R. S. Sec. 4022-11.) 



Same. 



Same. 



Jurisdiction 
of mayors 
et. al. 



Section 12982. Whoever, being an officer or agent of a cor- 
poration, violates any provision of law relating to the compulsory 
education or employment of minors, or participates or acquiesces 
in, or is cognizant of such violation, where a specific penalty is 
not otherwise provided by law, shall be fined not less than twenty- 
five dollars nor more than fifty dollars. (R. S. Sec. 4022-11.) 

Section 12983. Whoever violates any provision of law re- 
lating to »the compulsory education or employment of minors, for 
which a specific penalty is not provided by law, shall be fined not 
siore than fifty dollars. (R. S. Sec. 4022-11.) 

Section 12984. Mayors, justices of the peace, police judges 
and probate judges shall have final jurisdiction to try the offenses 
prescribed in the next ten preceding sections. When complaint is 
made, information filed, or indictment found against a corporation 
for violating any provision of such sections, summons shall be 
served, appearance made, or plea entered as provided by law in 
cases where an indictment is presented against a corporation, ex- 
cept in complaints before magistrate^, when service may be made 
by the constable. In other cases process shall be served and pro- 
ceedings had as in cases of misdemeanor. (R. S. Sec. 4022-11.) 



Fines. SECTION 12985. Fines collected under the provisions of the 

next eleven preceding sections shall be paid into the funds of the 
school district in which the offense was committed. (R. S. Sec. 
4022-11.) 



Second viola- 
tion of com- 
pulsory educa- 
tion or em- 
ployment 



Section 12986. Whoever, having been convicted of a vio- 
lation of any provision of law relating to the compulsory educa- 
tion or employment of minors, again violates a provision of such 
laws, shall be imprisoned not less than ten days nor more than 
thirty days. (R. S. Sec. 4022-12.) 



.Tury in 
.such case. 



Section 12987. On complaint before a mayor, justice of the 
peace or police judge of a second or further violation of the laws 
relating to the compulsory education or employment of minors, if 
a trial by jury is not waived, a jury shall be chosen and proceed- 



i 



COMPULSORY EDUCATION. 1 39 

ings had therein as provided by law in cases of a violation of the 
law for the prevention of cruelty to animals and children. (R. S. 
Sec. 4022-12.) 

Section 12988. No person or officer institutiiig proceedings Costs in 
under the next fourteen preceding sections shall be required to certain 
file or give security for costs. If a defendant is acquitted or dis- P''°^^'=" *°"^- 
charged, or if convicted and committed to jail in default of pay- 
ment of fine and costs, the justice, mayor, police judge or probate 
judge before whom such case was brought shall certify such costs 
to the county auditor, who shall examine the amount and, if neces- 
sary, correct it and issue his warrant to the county treasurer in 
favor of the respective persons to whom such costs are due for 
the amount due to each. (R. S. Sec. 4022-14.) 



I 
ft 



CHAPTER 5. 
REPORTS. 



Section 

7784. Reports by superintendents and teachers. 

7785. Special reports by superintendents and 

teachers. 

7786. When orders of clerk for teachers' pay 

illegal. 

7787. Annual report of board of education; its 

contents. 

7788. In what form to be made, etc. 



Section 

7789. Duty of county auditor as to school sta.- 

tistics, etc. 

7790. Penalty for failure to make reports. 

7791. When auditor to appoint person to make 

reports. 

7792. Further penalties against auditor. 

7793. Compensation of auditor. 



Reports by 
superintend- 
ents and 
teachers. 



Section 7784. Boards of education shall require all 
teachers and superintendents to keep the school records in 
such manner that they may be enabled to report annually 
to the county auditor and state commissioner of common 
schools, as required by the provisions of this title and shall 
withhold the pay of such teachers and superintendents as 
fail to file the reports required of them. The records of 
each school, in addition to all other requirements shall be 
so kept as to exhibit the names of all pupils enrolled there- 
in, the studies pursued; also, indicate the character of the 
work done, the standino^ of each pupil, and must be as 
near uniform throughout the state as is practicable. (R. 
S. Sec. 4059.) 



Special reports 
by superin- 
tendents and 
teachers. 



When orders 
of clerk for 
teachers' pay 
illegal. 



Sfxtion 7785. Such boards may require superintend- 
ents and teachers to report matters the boards deem impor- 
tant or necessary for information in regard to the .manage- 
ment and conduct of the schools and to make such sug- 
gestions and recommendations as they deem advisable rela- 
tive to methods of instruction, school management, or other 
matters of educational interest. The board of education of 
each city district shall prepare and publish annually a report 
of the condition and administration of the schools under its 
charge, and include therein a complete exhibit ot the finan- 
cial. affairs of the district. "(R. S. Sec. 4059.) 

Section 7786. No clerk of a board shall draw an 
order on the treasurer for the payment of a teacher for 
services until the teacher files with him such reports as are 
required b}'- the state commissioner of common schools and 
the board of education, a legal certificate of qdalification, or 
a true copy thereof, covering the entire time of the service, 
and a statement of the branches taught. But orders may 
be drawn from the payment of special teachers of drawing, 
painting, penmanship, music, gymnastics, or a foreign lan- 
guage, on presentation of a certificate to the clerk, signed 
by a majority of the examiners, and the filing with him of 
a true copy thereof, covering the time for which the special 

140 



REPORTS. 



141 



teacher has been employed and the specialty taught. (R. 
S. Sec. 4051.) 

An order drawn by the clerk of the board of education, under the statute, 
in favor of a third person or bearer, on the township treasurer, is not nego- 
tiable, and a purchaser takes such order subject to the same defenses that 
could be made against it in the hands of the payee. 22 O. S., Hi. 

The written acceptance of stich order by the predecessor of the town- 
ship treasurer, to whom it was presented for payment, imposes no greater 
obligation on the latter to pay the same, than he would have been under 
had it been presented without such acceptance. Id. 

Not only the teacher, but each member of the board of education, is 
severally liable for the repayment of money paid under their vote and order, 
to a teacher who does not hold a certificate as required by law. The same rule 
applies to all payments made to teachers before reports required by law, by 
the State Commissioner of Common Schools, and by the board of education, 
have been made. 

An assistant teacher who has not a legal certificate cannot be paid 
through an order drawn in favor of another teacher who had a certificate, 
nor can any uncertified teacher, who is employed as a substitute, receive 
pay through another teacher. 

The term "entire term of service," as used in this section, refers to the 
time of service covered by the order to be drawn, not to the entire time of 
employment. 

Section 7787. The board of education of each district 
shall make a report to the county auditor, on or before the 
first day of September in each year, containing a statement 
of the receipts and expenditures of the board, the number 
of schools sustained, the length of time they vvere sustained, 
the enrollment of pupils, the average monthly enrollment, 
and average daily attendance, the number of teachers em- 
ployed, and their salaries, the number of school-houses and 
school rooms, and such other items as the commissioner of 
common schools requires. (R. S. Sec. 4057.) 

Section 7788. Such report must be made on blanks 
which shall be furnished by the commissioner of common 
schools to the auditor of each county, and by the auditor to 
each school clerk in his county. Each board of education, 
or officers or employe thereof, or other school officer in any 
district or county, when the commissioner so requires, shall 
report to him direct, upon such blanks as he furnishes any 
statements or items of information that he deems important 
or necessary. (R. S. Sec. 4058.) 

Section 7789. On or before the twentieth day of Sep- 
tember, annually, the auditor of each county shall prepare, 
and transmit to the commissioner of common schools, an 
abstract of all the returns of school statistics made to him 
from the several districts in his county, according to the 
form prescribed by the commissioner, a statement of the 
condition of the institute fund, and such other facts relat- 
ing to schools and school funds as the commissioner re- 
quires. He also shall cause to be distributed all such cir- 
culars, blanks, and other papers, including school laws and 
documents, in the several school districts in the county, as 
the commissioner may lawfully require. (R. S. Sec.4060.) 

Section 7790. If the auditor neglects to prepare and 
return any of the abstracts or reports herein required, the 
county commissioners, shall withhold from him all com- 
pensation for his services under this title, and he shall also 



Annual report 
of board of 
education; 
its contents. 



In what form 
to be made, 
etc. 



Duty of 
county au- 
ditor as to 
school sta- 
tistics, etc. 



Penalty for 
failure to 
make reports. 



142 



REPORTS. 



When auditor 
to appoint 
person to 
make reports. 



Further pen- 
alties against 
auditor. 



Compensation 
of auditor. 



be liable on his bond for any such neglect, in a sum not less 
than three hundred nor more than one thousana dollars, on 
complaint of the commissioner of common schools, and if 
the clerk of the board of education of any district fails to 
make the annual returns of school statistics required by this 
title, to the county auditor, he shall be liable on his bond, 
in a sum not less than fifty nor more than three hundred 
dollars, on complaint of the county auditor, or of the board 
of education, to be recovered in a civil action in the name 
of the state, and when collected to be paid into the county 
treasury, and applied to the use of common schools in such 
district. (R. S. Sec. 4061.) 

Section 7791. Upon the neglect or failure of the clerk 
of the board of education of any district to make the re- 
ports required in this title, and by the time specified, the 
county auditor must appoint some suitable person, resident 
of the district, to make such reports who shall receive the 
compensation therefor, allowed by law for like services, 
(R. S. Sec. 4062.) 

Section 7792. A county auditor who willfully or 
negligently fails, in any year, to transmit to the commis- 
sioner of common schools the abstract of enumeration by 
law required of him, or to perform any other duty required 
of him in this title, shall be liable on his bond to the extent 
of twice the sum lost to the school districts of his county 
in consequence of such failure. Such sum shall be re- 
covered in a civil action against him, on his bond, in the 
name of the state. The money so recovered must be paid 
into the county treasury, for the benefit of such districts, 
and apportioned as the school funds so lost would have been 
apportioned. (R. S. Sec. 4063.) 

Section 7793. The commissioners of each county, 
annually shall allow the county auditor a reasonable com- 
pensation for his services under this title, not to exceed five 
dollars for each city, village, special, and township school 
district in his county, to be paid out of the county treasury. 
But before such allowance shall be made for any year the 
auditor must present to the commissioners a statement, of- 
ficially certified and signed by the commissioner of common 
schools, that he has transmitted to him all reports and re- 
turns of statistics for that year required by this title. (R. 
S. Sec. 4064.) 



CHAPTER 6. 



ENUMERATION. 



Section 

Annual enumeration. 

Additional facts to be ascertained. 

How enumeration taken. 

Report to be kept; compensation. 

When district situated in two or more 
counties. 

Clerk to transmit abstract of enumera- 
tion to county auditor. 
7800. When the clerk fails, auditor to act. 



7795. 
7796. 
7797. 



7799. 



Section 

7801. When county line divides original sur- 

veyed townships. 

7802. When enumeration not taken, district not 

entitled to school funds. 

7803. Auditor to furnish abstract to state 

commissioner. 

7804. Duty of state commissioner when enu- 

meration excessive. 



Section 7794. An enumeration of all unmarried 
youth noting sex, between six and twenty-one years of age, 
resident within the district, and not temporarily there, shall 
be taken in each district, annually, during the two weeks 
ending on the fourth Saturday of May, designating also the 
number between six and eight years of age, the number be- 
tween eight and fourteen years of age, vthe number between 
fourteen and sixteen years of age, the number between six- 
teen and twenty-one years of age, the number residing in 
the Western Reserve, the Virginia Military district, the 
United States Miliary district, and in any orip-inal surveyed 
township or fractional township to which belongs section 
sixteen, or other land, in lieu thereof, or any other lands for 
the use of public schools, or any interest in the proceeds of 
such lands. (R. S. Sec. 4030). 

Enumeration in children's homes; see Sec. 3088. 

At the annual enumeration of school youth as required by the provisions 
of Sec. 7794, the ages of such youth at the taking of enumeration should be 
returned and not as of September 1st following. Attorney General. 

The youth enumerated must be actual residents of the district, living 
with parents or guardians or working to support themselves by their own 
labor; see Sec. 7681 and notes under same. 



Annual 
enumeration. 



Section 7795. When taking such enumeration, the Additional 
person appointed to take it, shall make every effort to ascer- atcertafned^ 
tain the number of imbeciles or feeble-minded children be- 
tween the ages of six and twenty-one, resident within the 
district. He shall keep an accurate list of the names, sex, 
age and place of residence of all such children, and make it 
a part of his report to the clerk of the board of education. 
There also shall be so taken an accurate enumeration of all 
physically disabled, blind, deaf or mute children, noting 
sex, between six and twenty-one years of age, resident 
within the district. (R. S. Sec. 4030.) 



Section 7796. On or before the second Saturday in 
May, the board of education of each school district shall 
appoint one or more persons to take the enumeration pro- 
vided for in the next two preceding sections. Each person 
appointed shall take an oath or affirmation to take the 



143 



How enumera- 
tion taken. 



144 



ENUMERATION. 



Report to 
be kept; 
compensation. 



When district 
situated in 
two or more 
counties. 



enumeration accurately and truly to the best of his skill and 
ability. When making return thereof to the clerk of the 
board of education, he shall accompany it with a list of the 
names of all the youth enumerated, noting the age of each, 
with his affidavit duly certified that he has taken and re- 
turned the enumeration accurately and truly to the best of 
his knowledge and belief, and that such list contains the 
names of all such youth so enumerated and none others. 
The clerk of the board of education or any officer author- 
ized to administer oaths, may administer such oath or af- 
firmation, and take and certify such affidavit. (R. S, Sec. 

4031)- 

Section 7797. The clerk shall keep such report and 
the list of names in his office for five years. Each person 
so taking and returning the enumeration shall be allowed 
by the proper board of education reasonable compensation 
for his service. (R. S. Sec. 4031.) 

Section 7798. When a school district including terri- 
tory attached for school purposes, is situated in two or 
more counties, persons taking such enumeration must re- 
port the number of youth as provided in sections seventy- 
seven hundred and ninety-four, and seventy-seven hundred 
and ninety-five, residing in each county. The clerk of the 
board shall make returns to the auditors of the respective 
counties in which such youth reside as provided in the next 
following section. (R. S. Sec. 4032.) , 



Clerk to trans- 
mit abstract of 
enumeration to 
county 
auditor. 



When the 
clerk fails, 
auditor to 
act. 



Section 7799. Annually, on or before the first Satur- 
day in July, the clerk of each board shall make and trans- 
mit to the county auditor, an abstract of the enumeration 
by this chapter required to be returned by him, according 
to the form prescribed by the commissioner of common 
schools, with an oath or affirmation endorsed thereon that 
it is a correct abstract of the returns made to him under 
oath or affirmation. The oath or affirmation of the clerk 
may be administered and certified by any member of the 
board of education, or by the county auditor. (R. S. Sec. 
40350 

Section 7800. If the clerk of any district fails to 
transmit such abstract of enumeration on or before the 
first Saturday in July, the auditor at once shall demand it 
from . him. In case the enumeration has not been taken 
as required by this chapter, or the abstract required be not 
furnished without delay, the auditor shall employ compe- 
tent persons to take it, who shall be subject to the legal re- 
quirements already specified, except that the return must 
be made directly to the auditor, who may administer to 
each person employed the oath or affirmation required. He 
shall allow the person employed by him, a reasonable com- 
pensation, to be paid out of the general county fund, and 
then proceed to recover the amount so paid in civil action 



ENUMERATION. 



145 



before any court of competent jurisdiction, in the name of 
the state, against such clerk on his bond. The amount so 
collected shall be paid into the school funds of the district. 
(R. S. Sec. 4036.) 

The returns should now be made on or before the first Saturday in 
June, as the time of taking the enumeration was changed from July to May 
without changing the time fixed for making returns. 

Section 7801. If parts of an original surveyed town- 
ship or fractional township are situated in two counties, 
the auditor of the county in which the smallest part is sit- 
uated, so soon as the abstracts of enumeraion are received 
by him from the clerks of the boards of education, shall cer- 
tify to the auditor of the county in which the largest part is 
situated the enumeration of youth residing in the part of 
the township situated in his county. If parts of such town- 
ship or fractional township are situated in more than two 
counties, like certificates of enumeration must be transmit- 
ted to the auditor of the county containing the greatest 
relative portion of such township, by the auditors of the 
other counties containing portions thereof. When it is 
uncertain which county contains the greatest relative por- 
tion of such township, such certificates shall be transmit- 
ted to the auditor of the oldest county, by the other auditor 
or auditors. If the land -granted by congress to such town- 
ship or fractional township for the support of public 
schools has been sold, the auditor to whom such certificates 
are transmitted must notify the auditor of state, without de- 
lay, that such enumeration has been certified. (R. S. Sec. 
4037-) 

This section has nothing whatever to do with the enumeration returned 
by county auditors to the state commissioner of common schools. 



When county 
line_ divides 
original sur-. 
veyed town- 
ship. 



Section 7802. If an enumeration of the youth of a 
district be not taken and returned in any year, such district 
shall not be entitled to receive any part of the school funds 
distributable in that year on the basis of enumeration. If 
such loss to a district occurs through the failure of the clerk 
of the board of education of a district to perform the duty 
required of him under section seventy-seven hundred and 
ninety-nine, he shall be liable to the district for the loss, 
which may be recovered in an action in the name of the 
state. The money so recovered shall be paid into the coun- 
ty treasury, and apportioned as the school funds so lost 
would have been apportioned. (R. S. Sec. 4038.) 



When enume- 
ration not 
taken, district 
not entitled 
to school 
funds. 



Section 7803. On or before the third Saturday in Auditor to 



July in each year, the auditor of each county shall make 
and transmit to the state commissioner of common schools, 
on blanks to be furnished by the commissioners, an abstract 
of the enumeration returns made to him duly certMed. (R, 
S. Sec. 4039.) 

10 S. Iv. 



fiimish ab- 
stract^ tO" stete 
comimssibner. 



146 



ENUMERATION. 



Duty of state 
commissioner 
when enume- 
ration exces- 
sive. 



Section 7804. When, on examination of the enumer- 
ation returns of any district, the state commissioner of com- 
mon schools is of opinion that the enumeration is excessive 
in number, or in any other way incorrect, he may require it 
to be re-taken and returned. If he thinks it necessary for 
this purpose he may appoint persons to perform the service, 
who shall take the oath, perform the duties, and receive the 
same compensation, out of the same funds, as the person or 
persons who took the enumeration in the first instance. The 
school fund distributable in proportion tg enumeration shall 
be distributed upon the corrected returns. (R. S. Sec. 
4040.) 



False enu- 
meration 
of school 

children. 



Section 12929. Whoever, being an officer having supervision 
over the annual enumeration of unmarried youths between six and 
twenty-one years of age, taken in conformity to law, increases or 
diminishes the number enumerated, _ shall be fined not less than 
five dollars nor more than one thousand dollars or imprisoned in 
the county jail not less than ten days nor more than thirty days. 
(R. S. Sec. 4041.) 



CHAPTER 7. 



EXAMINERS. 



STATE BOARD OF EXAMINERS. 

Section 

7805. State board, their_ appointment. 

7806. Terms and vacancies. 
Power to issue certificates; record 

thereof. 
Effect thereof; may be revoked for 

cause. 
Examination fees. 
Compensation of examiners. 



7807. 
7808. 



7809. 
7810. 



COUNTY BOARD OF EXAMINERS. 
7811. County boards. 

Who ineligible. 

Term. 

Vacancies. 

Organization of board; duties of of- 
ficers. 

Rules and regulations. 

Meetings for examinations; _ notice. 

Majority's power; examination fees. 

Uniform system of examination. 

Disposition of fees. 

Teachers' certificates. 

Provisional certificates, defined. 

Professional certificates, defined. 

Effect of certificates of other counties. 

Regulations, as to issue of certificates 
without examination. 

Temporary certificate. 

Minimum age limit. 

Fees for examiners conducting investi- 
gation. 

What kind of certificates shall be issued. 

Certificate of prerequisite to employment 
of teacher. 

Certificate of high school teacher and 
superintendent. 

Certificate of special teacher. _ 
Expense, examination, notice. 



7812. 
7813. 
7814. 
7815. 

7816. 
7817. 
7818. 
7819. 
7820. 
7821. 
7822. 
7823. 
7824. 
7825. 

7826. 
7827. 
7828. 

7829. 
7830. 

7831. 

7832. 

7832-1 

7833. 

7834. 
7835. 
7836. 
7837. 



Recognition or renewal of certificates. 

Compensation of board. 

Expenses of board. 

Annual report of clerk; his bond. 

Compensation of clerk. 



CITY BOARD OF EXAMINERS. 

Section 

7838. City board of school examiners, appoint- 

ment, term. 

7839. Removals and vacancies. 

7840. Standard of qualification for teachers. 

7841. Special examiners. 

7842. Organization of board; duties of officers; 

clerk's bond. 

7843. Meetings for examination; notice. 

7844. Certificates. 

7845. Renewal of certificate. 

7846. Professional certificates. 

7847. Validity of professional certificates. 

7848. Regulations, as to granting certificates 

without examinations. 

7849. Temporary certificates. 

7850. Minimum age limit; revocation of cer- 

tificate. 

7851. Fees for examiners conducting investiga- 

tion. 

7852. Kind of certificates authorized to be is- 

sued; proviso. 

7853. Compensation of members and clerk; in- 

cidental expenses. 

7854. Duties of clerk of city board of school 

examiners. 

7855. Disposition of examination fees. 

7856. Consideration of applicants' answers; is- 

sue of certificates or notice of failure. 

7857. Manuscripts to be placed on file. 

7858. Applicants right of appeal. 

CERTIFICATES FOR GRADUATES OF 
CERTAIN INSTITUTIONS. 

7858-1. Elementary certificate. 

7858-2. Provisional high school certificate. 

7858-3. (Two-year and four-year courses to 

include, what.) 

7858-4. Special certificate. 

7858-5. Fee; grading of manuscripts. 

7858-6. Provisional life certificate. 

7858-7. Professional life certificate. 



STATE BOARD OF EXAMINERS. 

Section 7805. There shall be a state board of exam- 
iners, consisting of five competent persons, resident of the 
state, to be appointed by the state commissioner of common 
schools. Not more than three of them shall belong to the 
same political party. (R. S. Sec. 4065.) 



State board; 
their appoint- 
ment. 



Section 7806. The term of office of such examiners 
shall be five years. The term of one of the examiners shall 
expire on the thirty-first day of August each year. When 
a vacancy occurs in the board, whether from expiration of 
the term of office, refusal to serve, or other cause, such 
commissioner shall fill it by appointment for the full or un- 
expired term, as the case demands. (R. S. Sec. 4065.) 

147 



Terms _ and 
vacancies. 



148 



EXAMINERS, 



Power to issue 
certificates; 
record thereof. 



Section 7807. The board thus constituted may issue 
three grades of Hfe certificates to such as are found to pos- 
sess the requisite schv^larship, and who exhibit satisfactory 
evidence of good moral character and of professional ex- 
perience and ability. The certificate shall be for different 
grades of schools according to branches taught, and be valid 
in the schools specified therein. The clerk of the board 
must keep a record of the proceedings, showing the number, 
date and grade of each certificate, to whom granted, and 
for what branches of study, and report such statistics to the 
commissioner, annually, on or before the thirty-first day of 
August. (R. S. Sec. 4066.) 



The state board of examiners issues the following certificates: High 
school life, common school life and special life. High school life certificates 
are unlimited, common school life and special life are limited to the branches 
of study specified therein. 



Effect thereof; 
may be re- 
voked for 
cause. 



Section 7808. All certificates issued by such board 
shall be countersigned by the commissioner of common 
schools. They shall supersede the necessity of any and all 
other examinations of the persons holding them, by any 
board of examiners, and be valid in any school district in 
the state, unless revoked by the state board for good cause. 
(R. S. Sec. 4067.) 



Examination 
fees. 



Section 7809. Each applicant for a certificate shall 
pay to the board of examiners a fee of five dollars. The 
clerk of the board must pay to the state treasurer, all fees 
received, and file with the state auditor a written statement 
of the amount. (R. S. Sec. 4068.) 



Compensation 
of examiners. 



Section 7810. Each member of the board shall be en- 
titled to receive five dollars for each day he is necessarily 
engaged in official service, and also six cents per mile each 
way for traveling from and to his place of residence, by the 
most direct route of public travel to and from the places of 
meeting of the board, to be paid out of the state treasury 
on the order of the state auditor. All books, blanks and 
stationery required by the board must be furnished by the 
secretary of state. (R. S. Sec. 4068.) 



County 
boards. 



COUNTY BOARD OF EXAMINERS. 

Section 781 i. There shall be a county board of 
school examiners for each county, consisting of three com- 
petent persons to be appointed by the probate judge. Two 
of such persons must have had at least two years' experi- 
ence as teachers or superintendents, and have been within 
five years, actual teachers in the public schools. Each per- 
son so appointed shall be a legal resident of the county for 
which appointed. Should he remove from the county dur- 
ing his term, his office thereby shall be vacated and his suc- 
cessor be appointed. (R. S. Sec. 4069.) 



EXAMINERS. 

Section 7812. No examiner shall teach in, be con- who ineiig 
nected with, or financially interested in any school which is ii^'e- 
not supported wholly or in part by the state, or be employed 
as an instructor in any teachers' institute in his own county ; 
nor shall any person be appointed as, or exercise the office 
of examiner who is agent of or financially interested in any 
book publishing or book selling firm, company or business, 
or in any educational journal or magazine. If an examiner 
becomes connected with or interested in any school not un- 
der state control, or is employed in any such institution in 
his own county, or becomes an agent of or interested in any 
book company or journal, or fails to hold the necessary 
•teachers' certificate, or removes from the county, the probate 
judge upon being apprised of such fact, forthwith shall re- 
move such examiner and appoint his successor. (R. S. Sec. 
4069.) 

GiBces of county school examiner and councilman are incompatible. State 
V. Card, 29 O. C. C. 426 (8 N. S. 599.) 

Section 7813. The term of office of such examiner is Term. 
three years. The term of one of the examiners shall ex- 
pire on the thirty-first day of August, each year. The pro- 
bate judge must revoke the appointment of any examiner, 
upon satisfactory proof that he is inefficient, intemperate, 
negligent, guilty of immoral conduct, or that he is using his 
office for personal or private gain. (R. S. Sec. 4069.) 

Section 7814. When a vacancy occurs in the board, vacancies, 
whether from expiration of the term of office, refusal to 
serve, or other cause, the probate judge promptly shall fill 
it by appointment for the full or unexpired term, and with- 
in ten days, report this to the state commissioner of common 
schools, together with the names of the other members of 
the board and the date of the expiration of their several 
terms of office. (R. S. Sec. 4069.) 

Section 7815. Annually, in the month of September, organizatio: 
the board of county school examiners shall Organize by ^uti'es^'f' 
choosing from its members a president, a vice-president, and officers, 
a clerk. The president shall preside at all the meetings of 
the board. In his absence the vice president shall preside. 
The clerk shall keep a full and accurate record of the pro- 
ceedings of the board, showing the number, date and char- 
acter of each certificate issued, to whom, for what term and 
what branches of study, with such other statistics relating 
to the examination and proceedings of the board as the state 
commissioner of common schools requires, in the form and 
maner required by him, and make a report of all such 
items annually on or before the first day of September. 
(R. S. Sec. 4070.) 

Section 7816. The board shall make all needful rules ^uieg ^nd 
and regulations for the proper discharge of its duties and regulations. 
the conduct of its work, subject to statutory provisions and 



149 



ISO 



Examiners. 



Meetings for 
examinations; 
notice. 



Majority's 
power; ex- 
amination 
fees. 



the approval of the state commissioner of common schools. 
(R. S. Sec. 4070.) 

The prosecuting attorney is the legal adviser of county boards of exam- 
iners; see Sec. 2917. 

Section 7817. Each board shall hold public meetings 
for the examination of applicants for county teachers' cer- 
tificates on the first Saturday of every month of the year, 
unless Saturday falls on a legal holiday, in which case, it 
must be held on the succeeding Saturday, at such place or 
places within the county as, in the opinion of the board, best 
will accommodate the greatest number of applicants. Notice 
thereof shall be published in two weekly newspapers of dif- 
ferent politics printed in the county, if two papers thus are 
published, if not, then a publication in one only is required. 
In no case shall the board hold any private examination or 
antedate any certificate. (R. S. Sec. 4071.) 

The provisions of this section are mandatory on the board of county 
examiners, and that it has no power or authority of law to hold any meeting 
for examinations for applicants for county teachers' certificates at any other 
time or times than is specified in this section. 

Applicants will take the whole examination in one day. 

Examiners will charge only one fee for an examination. 

Section 7818. A majority of the board may examine 
applicants and grant certificates. As a condition of any 
applicant's being admitted to take the examination each one 
shall pay to the board for the use of the county institute a 
fee of fifty cents. (R. S. Sec. 4071.) 

It has been decided by two or more common pleas courts in Ohio, "that 
the examination of the candidate, and determination to grant the certificate 
being official acts, can only be legally performed at a session of the board 
duly organized, and that the v^hole board, as such, is to decide regarding the 
qualifications of each applicant to teach each branch certified to." See also 
case of McCortle v. Bates, 29 O. S., 419, as quoted in full under section 3982. 
All its reasoning regarding boards of education applies equally to examining 
boards. 



Uniform 
system_ of 
amination. 



Section 7819. The question for all county teachers' 
examinations, shall be prepared and printed under the di- 
rection of the state commissioner of common schools. A 
sufficient number of lists must be sent, under seal, to the 
clerks of such boards of examiners not less than five days 
before each examination, such seal to be broken at the time 
of the examination at which they are to be used, in the pres- 
ence of the applicants and a majority of the members of 
the examining board. (R. S. Sec. 4071a.) 



Divulging 
school ex- 
aminers' 
questions. 



Section 12939. Whoever, being a person connected with the 
preparation, printing, distribution or handling of questions for 
county teachers' examinations, makes public in any manner or 
gives information in regard to the nature or character of such 
questions, to an applicant for a certificate, or other person, prior 
to such examination in each branch of study respectively, or 
whoevei" is found in possession of any of such questions prior to 
the distribution thereof for the use of applicants at such examina- 
tion, shall be fined not less than fifty dollars nor more than one 
hundred dollars, and imprisoned not less than thirty days nor more 
than ninety days. (R. S. Sec. 4071a.) 



EXAMINERS. 



151 



Section 7820. The clerk of the board of county school 
examiners must promptly collect all fees from applicants at 
each examination and pay them into the county treasury 
quarterly. He shall file with the county auditor a written 
statement of the amount, and the number of applicants, 
male and female, examined during the quarter. All money 
thus received, must be set apart by the auditor for the 
support of county teachers' institutes, to be applied as pro- 
vided for in chapter eight of this title. (R. S. Sec. 4072.) 



Disposition 
of fees. 



Section 7821. County boards of school examiners may 
grant teachers' certificates for one, two, three, five and 
eight years which shall be valid in all village, township and 
special school districts of the county wherein they are is- 
sued. In school districts situated in two or more counties, 
teachers' certificates obtained in either county shall be valid 
in such districts. 

Such certificate shall be valid for one, two, three, five 
and eight years from the first day of September following 
the day of the examination. 

Regular certificates wliich are issued other than in September shall be 
dated the first day of September next following the date of such examination. 
A certificate granted for one year cannot be valid for more than the 
period of time for which it was granted. 



Certificates 
valid when 
and from 
what date. 



Section 7822. All teachers' certificates granted for 
one, two or three years shall be regarded as provisional cer- 
tificates, and be issued and renewed only in compliance with 
such reasonable regulations and standards and upon such 
ratios as the board adopts. But when any teachers holds a 
two or three years' certificate, and for the last five years 
preceding has been continuously engaged in teaching in this 
state, such teacher shall be entitled to have such certificate 
renewed by passing an examination in theory and practice. 
(R. S. Sec. 4073.) 



Provisional 
certificates, 
defined. 



Section 7823. Applicants for five-years' or eight- Professional 
years' certificates shall have had not less than forty months' certificates. 
experience in teaching and shall make not less than eighty- 
five per cent, in any branch and a general average of not 
less than ninety-two per cent. All five-years' and eight- 
years' certificates shall be regarded as professional certi- 
ficates, and shall be renewed without examination at the 
discretion of the examining board, except that no such 
certificate will be renewable if the holder thereof has not Renewable. 
been actively engaged in teaching within the four years 
preceding. Such professional certificate shall be valid in 
any county in the state. 



Section 7824. County boards of school examiners at E^gct of cer- 
their discretion may issue certificates without formal ex- tificates of 

, I , r • n 11 1 Other counties. 

animations to holders of certificates granted by other county 
and city boards of school examiners. (R. S. Sec. 4073.) 



15^ 



EXAMINERS. 



Regulations, 
ai to issue of 
certificates 
without ex- 
amination. 



Temporary- 
certificates. 



Minimum age 
limit. 



Section 7825. Each county board of school examin- 
ers may make its own regulations to grant certificates with- 
out formal examinations, except in theory and practice of 
teaching and in the science of education, to graduates of 
schools for the training of teachers, having at least a two- 
years' course of study in addition to graduation from a 
first grade high school, and of colleges or universities, with 
at least a four years' course of study in addition to gradua- 
tion from a first grade high school. Certificates thus granted 
to such graduates may be issued, on application within one 
year after graduation, first for one year; and at their ex- 
piration, on satisfactory evidence of success in teaching, 
for longer terms. (R. S. Sec. 4073.) 

Section 7826. Between regular examinations county 
boards of school examiners at their discretion may issue 
temporary certificates which shall be valid only until the 
next regular examination held by such boards after the 
issue of such certificate, and at any regular examination 
such board upon proper application being made, subject to 
the same rules and regulations as applied to the granting 
of regular certificates shall issue temporary certificates 
which shall be valid from the date of issue until the first 
day of September following. 

The board of school examiners shall issue temporary certificates to 
cover the period to the date on which the certificate issued prior to the 
amendment of Section 7821 G. C. shall terminate, to the first day of September 
following, from which time a new certificate or a renewal certificate is to be 
valid. 

Temporary certificates shall be valid from the date of taking until the 
first day of September thereafter. 

All regular certificates are to be issued as of date September 1. For 
instance, if an applicant takes an examination in January, February, March, 
April or May, the certificate which is issued to such applicant is to be dated 
as of the September 1, following the date upon which such examination is taken. 

Section 7827. No certificate shall be issued to any 
person who is less than eighteen years of age. If at any 
time the recipient of a certificate be found intemperate, 
immoral, incompetent or negligent, the examiners, or any 
two of them, may revoke the certificate; but such revoca- 
tion shall not prevent a teacher from receiving pay for 
services previously rendered. Before any hearing is had 
by a board of examiners on the question of the revocation 
of a teacher's certificate, the charges against the teacher 
must be reduced to writing and placed upon the records 
of the board. He shall be notified in writing as to the 
nature of the charges and the time set for the hearing, such 
notice to be served personally or at his residence; and be 
entitled to produce witnesses and defend himself. The ex- 
amining board may send for witnesses and examine them 
on oath or affirmation which may be administered by any 
member of the board touching the matter under investiga- 
tion. (R. S. Sec. 4073.) 



Fees for SECTION 7828. The fees and the per diem of examin- 

conductlng ^rs for conducting such investigation at three dollars a day 
inrcstigation. each and other expenses of such trial shall be certified to 



EXAMINES. 



m 



the county auditor by the clerk and president of the ex- 
amining board and be paid out of the county treasury upon 
the order of the auditor. (R. S. Sec. 4973.) 

No applicant who is not eighteen years of age at the time of the 
examination can receive a legal certiiicate. 

The revocation of a teacher's certificate by the county school examiners 
for intemperance and immorality is not reviewable by the courts. Hence that 
board will not be compelled by mandamus to sign a bill of exceptions setting 
out the evidence on the trial to revoke. 1 N. P., 151. 

The revocation of a certificate is not strictly a judicial proceeding. The 
law which clothes the boards of examiners with discretionary power, will 
protect them in the proper use of it. They_ cannot, of course,_ be mulcted in 
damages nor removed from office, for refusing to grant a certificate, nor for 
revoking a certificate, in the exercise of this discretion. If malice or other 
undue rnotive enter into the transaction, however, the candidate has his 
remedy in the courts, and the probate judge may remove any member for 
such cause, as a malfeasance in office — an immorality — one of the causes 
enumerated in the law. 

Notice of revocation should at least be given to the boards of educa- 
tion concerned. A person cannot draw pay after his certificate is revoked. 

A certiiicate canjiot be antedated. See Sec. 7817. 

An official trust cannot be delegated. See III Central Law journal, p. 
472. The board has no authority, therefore, to appoint a substitute to perform 
the duties of any of its members. A certificate depending on the signature 
of such substitute for its validity, is worthless. As all citizens are bound to 
know the law, so candidates and school authorities are bound to know who are 
legal, or, at least, de facto public officers. 

Section 7829. Three kinds of teachers' certificates 
only shall be issued by county boards of school examiners, 
which shall be styled respectively "teacher's elementary 
school certificate," valid for all branches of study in schools 
below high school rank, "teacher's high school certificate," 
valid for all branches of study in recognized high schools 
and for superintendents and "teacher's special certificate," 
valid in schools of all grades, but only for the branch or 
branches of study named therein. (R. S. Sec. 4074.) 

Section 7830. No person shall be employed or enter 
upon the performance of his duties as a teacher in any 
elementary school supported wholly or in part by the state 
in any village, township or special school district who has 
not obtained from a board of school examiners having legal 
jurisdiction a certificate of good moral chacarter; that he 
or she is qualified to teach orthography, reading, writing, 
arithmetic, English grammar and composition, geography, 
history of the United States, including civil government, 
physiology, including narcotics, literature and on and after 
September, first, 1912, elemtntary agriculture, and that he 
or she possesses an adequate knowledge of the theory and 
practice of teaching. 



What kind of 
certificates 
shall be 
issued. 



Elementary 
branches. 



Knowledge of 
agriculture 
required and 
taught on and 
after Septem- 
ber 1st, 1912. 



Section 7831. No person shall be employed or enter Agriculture 
upon the performance of his duties as a teacher in any j° h?gh^"^^'' 
recognized high school supported wholly or in part by the schools. 
state in any village, township or special school district, or 
act as a superintendent of schools in such district, who has 
not obtained from a board of examiners having legal juris- 
diction a certificate of good moral character ; that he or she 
is qualified to teach literature, general history, algebra, 
physics, physiology, including narcotics, and in addition 
thereto, four branches elected from the following branches 
of study: Latin, German, rhetoric, civil government. 



154 



EXAMINERS. 



goemetry, physical geography, botany and chemistry, and 
on and after September first, 1912, agriculture; and that 
he or she possesses an adequate knowledge of the theory 
and practice of teaching. 



Teachers' 

special 

certificates. 



Section 7832. No person shall be employed and enter 
upon the performance of his duties as a special 
teacher of music, drawing, painting, penmanship, gymnas- 
tics, German, French, Spanish, the commercial and indus- 
trial branches, or any one of them, in any elementary or 
high school supported wholly or in part by the state in any 
village, township or special school district, who has not 
obtained from a board of examiners having legal jurisdic- 
tion a certificate of good moral character; that he or she 
is qualified to teach the special branch or branches of study, 
and, in addition thereto, possesses an adequate knowledge 
of the theory and practice of teaching. 



Experience. 



Examinations 
— notice. 



Section 7832-1. A "teacher's special certificate" 
which shall be valid for the first four grades in elementary 
schools, shall be granted to applicants who have had one 
year's experience in the public schools of Ohio and who 
pass satisfactory examinations for primary work. How- 
ever, nothing in this section shall exclude any teacher hold- 
ing a valid teacher's elementary school certificate from 
teaching in any grade below high school rank. 

Such examination shall be held twice in each school 
year, on such dates, as the state commissioner of common 
schools may prescribe, of which he shall give at least 60 
days' written notice to the clerks of the various boards of 
school examiners. 



Recognition 
or renewal of 
certificates. 



Section 7833. But no person holding a common 
school life certificate issued by the board of state examiners 
shall be required to have any other certificate to teach in 
the elementary schools of the state, nor be required by any 
board to be examined in any of the branches covered by 
such certificate in order to be granted the teachers' high 
school certificate authorized herein. (R. S. Sec. 4074.) 

In Illinois, a certificate was not obtained till the middle of the term. 
A new contract was entered into at that time to pay the teacher double 
wages for the rest of the term. This was considered an attempt to do 
indirectly what there was no power to do directly; and therefore the con- 
tract was held void. 71 111., 532. 

A person began teaching under a contract. He taught three weeks; 
then obtained a certificate and made a written contract to run three months 
from the time he began teaching. Held, that he was entitled to wa^es after 
certificate was obtained, but to no pay for the previous three weeks. 20 
Minn., 72. 

No money can be legally drawn for teaching a day without a certificate, 
and to receive public money illegally is a crime under Sees. 7786, 7829-7833. 

The board of education at C, at a regular meeting, tendered C. the 
election as superintendent of a school in which branches other than those 
enumerated in the certificate issued to C. by the board of school examiners, 
were taught. C. accepted the employment tendered, and entered upon its 
duties. Held, that this constituted a valid contract, and in the absence of 
proof, other teachers being employed in the school, no presumption arises that 
C. actually taught branches not enumerated in his certificate. 12 C. C, 247. 

As to penalty for bribing or attempting to bribe an officer, see Sec. 
12823. 

Teachers in schools at children's homes and in kindergarten schools, 
supported by public funds, must hold certificates. 



Examiners. 



155 



Section 7834. Each member of the county board of compensation 
school examiners is entitled to receive ten dollars for each °^ board. 
examination of fifty applicants or less, fourteen dollars for 
each examination of more than fifty applicants and less 
than one hundred, eighteen dollars for each examination 
of one hundred applicants and less than one hundred and 
fifty, twenty-two dollars for each examination of one 
hundred and fifty applicants and less than two hundred, 
and four dollars for each additional fifty applicants, or 
fraction thereof, to be paid out of the county treasury on 
the order of the county auditor. Books, blanks, and sta- 
tionery required by the board shall be furnished by the 
county auditor. (R. S. Sec. 4075.) 

Section 7835. Such board may contract for the use Expenses of 
of suitable rooms in which to conduct examinations, for °^^ ' 
the printing of examination questions, m^ay procure fuel 
and light, and employ janitors, to take charge of the rooms 
and keep them in order. Expenses so incurred, together 
with the cost of advertising notice of their meeting as re- 
quired by law, shall be paid out of the county treasury on 
orders of the county auditor, who shall issue them upon 
the certificate of the president of the board, countersigned 
by the clerk. (R. S. Sec. 4075.) 

Section 7836. On or before the first day of Septem- Annual report 
ber in each year, the clerk of such board shall prepare, and ^Ld^*' ^^^ 
forward to the state commissioner of common schools, a 
statement of the number of examinations held by the board, 
the number of appliants examined, the total number of 
certificates granted, and the number for each term men- 
tioned in this chapter, the amount of fees received and paid 
to the county treasurer, the amounts received from the 
county treasury by the members of the board for their 
services, with such other statistics and information in rela- 
tion to the duties of the board as such commissioner re- 
quires. He shall also deposit with the county auditor a 
bond, with surety to be approved by the auditor, in the 
sum of three hundred dollars, that he will pay into the 
county treasury, quarterly, the examination fees received 
by the board, and make the statistical returns required by 
this chapter. (R. S. Sec. 4076.) 



Section 7837. The clerk shall receive for his services 
as clerk four dollars for each examination of sixty appli- 
cants or less, six dollars for each examination of more than 
sixty applicants and less than one hundred, eight dollars for 
each examination of one hundred applicants or more, to be 
paid out of the county treasury on the order of the county 
auditor. But no order shall be drawn for the month of 
August until the clerk produces a receipt from the state 
commissioner of common schools that he has filed all the 
reports for the year required by him. (R. S. Sec. 4070.) 



Compensation 
of clerk. 



156 



fiXAMlNERS. 



CITY BOARD OF EXAMINERS. 

City board of SECTION 7838. There shall be a city board of school 

In'^ers! appoint- examiners for each city school district, to be appointed by 
ment,' term. the board of education of the district. Such board shall 
consist of three persons. The majority of those appointed 
must have had at least two years' practical experience in 
teaching in the public schools. All persons appointed shall 
be otherwise competent for the position and residents of 
the district for which appointed. The term of office of 
such examiners shall be three years ; the term of one-third 
of them to expire on the thirty-first day of August, each 
year. (R. S. Sec. 4077.) 



Removals 
vacancies. 



and Section 7839. The board of education may revoke 

any appointment upon satisfactory proof that the appointee 
is inefficient, intemperate, negligent, or guilty of immoral 
conduct. When a vacancy occurs in the board, whether 
from expiration of term of office, refusal to serve, or other 
cause, the board shall fill it by appointment for the full or 
unexpired term, as the case demands. Within ten days 
after an appointment, the clerk of the board must report 
to the state commissioner of common schools the name of 
the appointee, and whether the appointment is for a full or 
an unexpired term. (R. S. Sec. 4077.) 



Standard of 
qualification 
for teachers. 



Section 7840. Each city board of school examiners 
shall determine the standard of qualification for teachers, 
and may examine any school in the district when such ex- 
amination is deemed necessary to ascertain a teacher's 
qualifications. But in the examination of applicants and 
the granting of certificates the board must be governed by 
the provisions of this chapter relating thereto. (R. S. Sec. 
4078.) 



Special 
examiners. 



Section 7841. To secure a thorough examination of 
applicants in difficult branches, or special studies, the board 
may secure the temporary assistance of persons of suf- 
ficient knowledge in such branches or studies, who must 
promise on oath or affirmation, to be administered by the 
clerk of the board of examiners, to perform the duties of 
examiner faithfully and impartially. Superintendents of 
schools shall give to the board all necessary information in 
reference to branches and special studies to be taught, and 
the branches of study and grades of school which teachers 
will be required to teach. (R. S. Sec. 4078.) 

An expert secured by the board to conduct examinations in any particular 
branch should certify the result of the examination to the board; all cer- 
tificates should be signed by members of the board and by such members only. 



Organization 
of board; 
duties of 
officers; 
clerk's bond. 



Section 7842. Each city board of school examiners 
must organize during the month of September each year by 
choosing from its members a president, vice-president, and 
clerk. The president shall preside at all the meetings of 



EXAMINERS. 



157 



the board, and in his absence the vice-president shall pre- 
side. The clerk shall perform all the duties required in 
this chapter of the clerk of the board of county school ex- 
aminers in so far as such duties apply. He also must give 
bond, in the sum of three hundred dollars with surety to 
be approved by the board of education, conditioned that 
he will perform faithfully the duties required of him by 
this chapter, which bond shall be deposited with the clerk 
of such board. (R. S. Sec. 4079.) 

Section 7843. Each board of city school examiners Meetings, for 
shall hold not less than two meetings each year, notice of notice?^**""' 
which must be published in some newspaper ot general 
circulation in the district. All examinations of applicants 
shall be conducted at the meetings of the boards thus called. 
The examination of every applicant must be in the presence 
of at least two members of the board. (R. S. Sec. 4080.) 

Section 7844. Each city board of school examiners certificates, 
may grant teachers' certificates for one, two, three, five and 
eight years from the day of examination, which shall be 
valid within the district wherein they are issued. But cer- 
tificates granted for one, two or three years must be re- 
garded as provisional certificates and shall be issued and 
renewed only in compliance with such reasonable regula- 
tions and standards and upon such ratios as the board may 
adopt. (R. S. Sec. 4081.) 

Section 7845. When a teacher holds a two or three Renewal of 
year certificate and has for the last five years preceding certificates, 
been continously engaged in teaching in this state such 
teacher will be entitled to have such certificate renewed by 
passing an examination in theory and pratice. (R. S. 
Sec. 4081.) 

Section 7846. Applicants for five-years' and eight- Experience. 
years' certificates shall have had not less than forty months' 
experience in teaching and shall make not less than eighty- 
five per cent, in any branch and a general average of not 
less than ninety-two per cent. All five-years' and eight- 
years' certificates shall be regarded as professional cer- 
tificates and be renewed without examination at the discre- 
tion of the examining board, except that no such certificate 
will be renewable if the holder has not been actively en- 
gaged in teaching within the four years preceding. 



Section 7847. Such professional certificates shall be validity of 



valid in any city in the state. City boards of school ex- 
aminers at their discretion may issue certificates without 
formal examinations to holders of certificates granted by 
other city and county boards of school examiners. (R. S. 
Sec. 4081.) 



professional 
certificates. 



158 



EXAMINERS. 



aminations. 



Regulations, SECTION 7848. Each city board of school examiners 

certificate"*'"^ '^^^^^ make its own regulations to grant certificates without 
without ex- formal examinations, except in theory and practice of 
teaching and in the science of education, to graduates of 
schools for the training of teachers, that have at least a 
two-years' course of study in addition to graduation from 
a first grade high school and of colleges or universities, 
having at least a four-years' course of study in addition to 
graduation from a first grade high school, as may be ap- 
proved by them. Certificates thus granted to such gradu- 
ates may be issued, on application within one year after 
graduation, first for one year; and at their expiration, on 
satisfactory evidence of success in teaching, for longer 
terms. (R. S. Sec, 4081.) 



Temporary 
certificates. 



Section 7849. Between regular examinations, city 
boards of school examiners, at their discretion, may issue 
temporary certificates, which shall be valid only until the 
next regular examination held by the board after the Issue 
thereof. (R. S. Sec. 4081.) 



Minimum age 
limit; revoca- 
tion of certifi- 
cate. 



Section 7850. No certificates shall be issued to any 
person who is less than eighteen years of age, and if at any 
time the recipient of a certificate be found intemperate, im- 
moral, incompetent, or negligent, the examiners, or any two 
of them, may revoke the certificate. But such revocation 
shall not prevent a teacher from receiving pay for services 
previously rendered. Before any hearing is had by a board 
of examiners on the question of the revocation of a teach- 
er's certificate, the charges against the teacher must be re- 
duced to writing and placed upon the records of the board. 
He shall be notified in writing as to the nature of the 
charges and the time and place set for the hearing. Such 
notice .must be served either personally or at his residence. 
He shall be entitled to produce witnesses and defend him- 
self. The examining board may send for witnesses and 
examine them on oath touching the matter under investi- 
gation, which oath or affirmation may be administered by 
any member of the board. (R. S. Sec. 4081.) 



Section 7851. The fees and the per diem of examin- 
ers for conducting such investigation, at three dollars a day 
each, and other expenses of such trial shall be certified to 
the city auditor by the clerk and president of the examining 
board, and be paid out of the city treasury upon the order 
of the city auditor. (R. S. Sec. 4081.) 

Section 7852. The provisions of this chapter relating 
t'forized \o' be to the kinds of certificates authorized to be issued by the 
issued; pro- county boards of school examiners for teachers in elemen- 
tary schools, high schools, and for superintendents shall 
apply to city boards of school examiners; except that city 
boards, in their discretion, may require teachers in elemen- 
tary schools to be examined in drawing, music, or German 



Fees for 
examiners 
conducting in- 
vestigation. 



Kind of cer- 



EXAMINERS. 



159 



if such subjects are a part of the regular work of such 
teachers. (.R. S. Sec. 4082.) 

Section 7853. Each city board of education shall fix compensation 
the compensation of the members of the city board, of and™cierk-^^ 
school examiners, the additional compensation of the clerk, incidental' 
and the person or persons called to their assistance, fur- ^^p^"*^^- 
nish the necessary books, blanks and stationery for their 
use, designate a school building within the district in which 
they shall conduct examinations and cause such building 
to be lighted and heated if necessary. Such compensation, 
and the incidental expenses incurred on account of the 
board of examiners, shall be paid, by order of the board of 
education, from the contingent fund of the district. (R. S. 
Sec. 4083.) 

Section 7854. The clerk of the city board of school Duties of 
examiners shall keep a record of its proceedings, and such ^^^^^ °f "*^ 
statistics as the state commissioner of common schools re- school ex- 
quires, in the form and manner he requires, and report such 
statistics to him annually, on or before the first day of 
September. (R. S. Sec. 4084.) 

Section 7855. Such clerk shall pay the examination Disposition of 
fees received by him to the treasurer of the district within ^^|^i"^'^i°" 
ten days after each meeting, and at the same time file with 
the clerk of the board of education a written statement of 
the amount, also a statement of the number of applicants, 
male and female, examined, the number of certificates 
granted, and for what terms. Fees paid to the treasurer 
of the district shall be applied to the support of teachers' 
institutes, as provided in chapter eight. (R. S. Sec. 4084.) 

Section 7856. All manuscripts filed as answers to consideration 
questions propounded to any applicant appearing before answ^'e^s^'ls^' 
any county or city board of school examiners, shall be sue of c'ertifi- 
promptly considered and passed upon by that board to- of ^ilure." ^^^ 
gether with the results of oral tests, if any, and such other 
information as comes to it touching the fitness of any 
applicant for teaching in the public schools. The board shall 
promptly issue all certificates granted to successful appli- 
cants and send notices of failure to those who fail in the 
examination, if such there be. (R. S. Sec. 4085.) 



Section 7857. All such manuscripts shall be kept on Manuscripts 
file for sixty days by the members of the examining board t"^ "^^ placed 
propounding the questions. If, within the sixty days, any 
applicant after receiving his returns from the examination 
has cause to and does believe that he has been discrim- 
ated against and his manuscript unfairly graded, he may 
review his manuscripts with the member or members of 
the board having them in charge. If after such inspection 
and review, he is still of the opinion that the board will pefi/ °^ ^^ 



r6o 



EXAMINERS. 



not correct the error, if any, and issue his certificate, he 
may appeal his case to the state commissioner of common 
schools for final review. (R. S. Sec. 4085.) 



Applicant's 
right of 
appeal. 



Section 7858. Such appeal shall be in the form of 
an affidavit setting forth the facts as he believes them ac- 
companied by a fee of one dollar to cover the expenses 
incident thereto, and requesting that the matter be inquired 
into. Thereupon such commissioner shall require the clerk 
of such board to procure and forward such manuscripts, 
together with a full explanation of the reasons for the 
board's action. Upon his examination of all the facts, to- 
gether with the manuscripts, if he finds that the applicant 
was denied a certificate when he should have been granted 
one and has been discriminated against by the board, he 
shall order it forthwith to issue a certificate of the date of 
the examination attended by the applicant, and indicate the 
length of time such certificate shall be valid. If, upon in- 
spection of the manuscript and reviewing the facts sub- 
mitted, the commissioner concludes that no injustice has 
been done, he shall so notify the applicant and the clerk of 
the board of examiners. (R. S. Sec. 4085.) 



Elementary 
certificate. 



CERTIFICATES FOR GRADUATES OF CERTAIN 
INSTITUTIONS. 

7858-1. Section i. That the diploma of any normal 
school, teachers' college, college or university, approved by 
the state commissioner of common schools, shall entitle the 
holder thereof, when he or she has successfully passed the 
examination provided in section 5 of this act, to a pro- 
visional elementary school certificate valid for four years 
in any school district in Ohio; provided said diploma is 
granted only to such students as have taken a full two-year 
academic and professional course, entrance to which shall 
require graduation from a high school of the first grade, 
or its equivalent which shall be determined in such manner 
as the state commissioner of common schools may direct. 



Provisional 
high school 
certificate. 



7858-2. Section 2. That the diploma of a graduate 
of any normal school, teachers' college, college or university 
approved by the state commissioner of common schools, 
shall entitle the holder thereof, when he or she has suc- 
cessfully passed the examination provided in section 5 of 
this act, to a provisional high school certificate valid for 
four years in any school district in Ohio ; provided said 
diploma is granted only to such students as have taken a 
full four years' academic and professional course, entrance 
to which shall require graduation from a high school of the 
first grade, or its equivalent which shall be determined in 
such manner as the state commissioner of common schools 
may direct. 



EXAMINERS. . l6i 

7858-3. Section 3. The two-year and four-year Two-year 

courses referred to herein shall include actual teaching and four- 

under supervision in a training school, including elemen- to indud"^^ 

tary or secondary grades, as the case may be, and shall be ^^''^^*- 
approved by the state commissioner of common schools. 

7858-4. Section 4. The diploma of certificate of pro- spedai 
ficiency issued, by any of the institutions named in sec- certificate. 
tion I, to students having completed a special course, 
with training school experience, in music, drawing, pen- 
manship, manual training, physical culture, domestic 
science, kindefgartening, German, or such other studies as, 
by law or custom, are required as subjects of instruction 
by special teachers or supervisors shall entitle the holder 
thereof, when he or she has successfully passed the examin- 
ation provided in section 5 of this act, to a special cer- 
tificate valid for four years in any school district in Ohio ; 
provided that no such diploma or certificate shall be issued 
to any one not having at least two years of academic and 
professional training beyond graduation from a high school 
of the first grade, or its equivalent which shall be de- 
termined in such manner as the state commissioner of com- 
mon schools may direct. 

7858-5. Section 5. When any holder of a diploma p.^^^ 
as provided in sections i, 2 and 4 of this act makes appli- 
cation to a board of county examiners for a certificate 
under this act. said applicant shall pay a fee of one dollar 
and fifty cen't^ ^o the clerk of the board of county examin- 
ers, fifty cents of said fee to be paid into the institute fund 
of the county in which the applicant writes the examm- 
ation and one dollar of it to be forwarded to the state com- 
missioner of common schools to be used in defraying the 
expenses of grading the manuscripts of the said applicant 
who shall pay the same into the state treasury to the credit 
of the general revenue fund. The board of county examin- 
ers shall collect the manuscripts as the applicants complete 
them, and at the close of the examination, in the presence 
of the a'^^piicant, shall enclose them in an envelope provided 
for that purpose, seal and forward them to the ^tate com- 
missioner of common schools ; who within thirty days from 
the time of receiving the manuscripts shall cause them to 
be graded. The state commissioner of common schools Grading of 
shall forward the result of such grading to the applicant manuscripts. 
and to the clerk of the board of county examiners. If sucli 
applicant has successfully passed the examination, with 
such grades as the state commissioner of common schools 
may require, then the commissioner shall forward to the 
clerk of the board of county examiners a certificate ro be 
countersigned by said board of county examiners duly made 
out for and in the name of the aoplicant, and said cer- 
tificate shall be valid in any school district of the state, 
av provided in sections i, 2 and 4 of this act. The time of 

11 S. I. 



I 62 



EXAMINERS. 



Provisional 
life cer- 
tificate. 



liolding such examinations and the Hst of questions sub- 
mitted shall be the same as provided for in sections 7817 
and 7819 of the General Code. 

The State Commissioner of Common Schools cannot legally draw a 
warrant on the state treasurer for the one dollar to pay the expenses of the 
grading of the manuscripts of applicants under this act. 

7858-6. Section 6. It shall be the duty of the State 
Board of School Examiners to issue to every holder of a 
provisional certificate as herein described, a life certificate 
of similar kind, upon satisfactory evidence that the holder 
thereof has taught successfully at least twenty-four months. 
In addition, applicants for common school certificates shall 
be examined in Theory and Practice of Teaching. Appli- 
cants for High School certificates shall be examined in 
Theory and Practice of Teaching, History of Education 
and Science of Education. Applicants for special certi- 
ficates shall be examined in Theory and Practice of Teach- 
ing and in the Special Branch. The applicant shall pay 
the usual examination fee. 



Professional 
life cer- 
tificate. 



7858-7. Section 7. It shall be the duty of the State 
Board of School Examiners to issue to every holder of a 
professional certificate, issued by a city or county board of 
examiners, a life Certificate of similar kind, upon satis- 
factory evidence that the holder thereof has taught suc- 
cessfully at least ten years. In. addition, applicants for 
common school certificates shall be examined in Theory and 
Practice of Teaching. Applicants for High School cer- 
tificates shall be examined in Theory and Practice of 
Teaching, History of Education and Science of Education. 
Applicants for special certificates shall be examined in 
Theory and Practice of Teaching and in the Special Branch. 
The applicant shall pay the usual examination fee. 



CHAPTER 8. 



TEACHERS' INSTITUTES. 



Section 

7859. Organization of county teachers' insti- 

tutes. 

7860. Officers; term. 

7861. When election to be held. 

7862. Vacancies. 

7863. Duty of executive committee; bond. 

7864. Payment of institute fund to committee. 

7865. Report of secretary. 

7866. His compensation. 

7867. Forfeiture of committee's bond. 

7868. When school commissioner may hold in- 

stitute. 



Section 

7869. Teachers may dismiss school to attend 

institute. 

7870. Pay for attending institute. 

CITY INSTITUTE. 

7871. Institute for city districts. 

7872. Expenses of, how provided for. 

7873. When city fund to be paid into county 

fund. 

7874. Length of session; report to state com- 

missioner. ' 



COUNTY INSTITUTES. 

Section 7859. A teachers' institute may be organized organization 
in any county, by the association of not less than thirty teich°e"s'*^in- 
practical teachers of the common schools residing therein, stitutes. 
who must declare their intention in writing to attend such 
institute, the purpose of which shall be the improvement 
of such teachers in their profession. (R. S. Sec. 4086.) 

Section 7860. Such institute, annually, shall elect by officers; term, 
ballot, a president, secretary, and one member of an execu- 
tive committee, to serve for a term of three years; except, 
that at the first annual election held after the organization 
of an institute, three members of the executive committee 
must be elected. The one receiving the highest number of 
votes shall serve three years ; the one receiving the next 
highest number, two years ; and the one receiving the next 
highest number one year. The president and secretary of 
the institute shall be ex-officio members of the executive 
committee and act as chairman and secretary thereof. (R. 
S. Sec. 4086.) 

Since the president and secretary of the institute are ex-officio members 
of the executive committee, the other members of the committee alone cannot 
lawfully organize the committee. The president of the institute is chairman 
of the committee and the secretary of the institute is secretary of the com- 
mittee. 

Sec. 2457. The commissioners of the several counties of the state may 
receive bequests, donations and gifts of real and personal property and money 
to promote and advance the cause of education in their respective counties; 

_...._. a part may be used to defray the expenses of the teachers' 

institute, each year. 

The purpose of a teachers' institute being the_ improvement of the teach- 
ers entitled to its privileges in their profession, it clearly follows that the 
instruction given therein should be mainly upon methods of teaching and the 
management of schools. 

The president and secretary are full members of the executive committee 
and are therefore entitled to vote. 



Section 7861. Such election of officers shall be held when election 
during the session of such institute and at a time fixed by **• ^^ '^*^<^- 
the executive committee thereof. At least three days' notice 
of the election must be given the members of such institute 



163 



164 



TEACHERS INSTITUTES. 



X'acancies. 



Duty of 
executive 
committee; 
bond. 



Payment of 
institute fund 
to committee. 



by posting conspicuously in the room, where the institute 
is held, a notice of the time and place of holding it, and 
of the officers to be voted for. (R. S. Sec. 4086.) 

Section 7862. A vacancy in the office of president, 
secretary, or member of the executive committee caused by 
death, resignation, removal from the county or other cause, 
may be filled by the executive committee, the person elected 
to serve until the next annual meeting of the institute. (R. 
S. Sec. 4086.) 

Section 7863. Such executive committee shall man- 
age the affairs of the institute. The committee must enter 
into a bond, payable to the state, with sufficient surety, to 
be approved by the county auditor, in double the amount 
of the institute fund in the county treasury, for the benefit 
of the institute fund of the county, and conditioned that 
the committee shall account faithfully for the money which 
comes into its possession, and make the report to the com- 
missioner of common schools, required in section seventy- 
eight hundred and sixty-five. (R. S. Sec. 4086.) 

The president and secretary since they are full members of the executive 
committee must give bond. 

Section 7864. The declaration and bond shall be filed 
with the county auditor. Thereupon he shall give to the 
institute committee an order on the county treasury for the 
amount of the institute fund in the treasury. Any portion 
of the fund not disbursed by the committee must be re- 
turned to the county treasury, on the certificate of the 
county auditor. (R. S. Sec. 4087.) 

An enrollment fee is unlawful. 



Report of 
secretary. 



His compensa- 
tion. 



Forfeiture of 

committee's 

bond. 



Section 7865. Within five days after the adjourn- 
ment of the institute, its secretary shall report to the state 
commissioner of common schools the number of teachers 
in attendance, the names of instructors and lecturers at- 
tending, the amount of money received and disbursed by 
the committee and such other information relating to the 
institute as the commissioner requires. (R. S. Sec. 4088.) 

Blanks for reports are sent to the county auditor for distribution. 

Section 7866. The secretary may be allowed com- 
pensation not to exceed ten dollars for making such report 
and for his services as secretary, to be paid out of the in- 
stitute fund of the county. No other compensation shall 
be allowed any officer or member of the executive com- 
mittee. On failure to make such report, the secretary shall 
forfeit and pay to the state the sum of fifty dollars. (R. 
S. Sec. 4088.) 

Section 7867. Upon the forfeiture of the commit- 
tee's bond, the prosecuting attorney of the county shall 
prosecute an action thereon, in the name of the state, and 



Teachers^ institutes. 



165 



collect any money which the committee failed to disburse 
according- to law, and any penalty to which it may be liable 
under this chapter, and pay it into the county treasury, tu 
the credit of the institute fund. (R. S. Sec. 4089.) 



Section 7868. When a teachers' institute has not 
been held in a county within two years, the commissioner 
of common schools may hold or cause such institute to be 
held therein. The management thereof, and all proceed- 
ings in relation thereto, shall be the same as hereinbefore 
provided, except that the written declaration required shah 
not be necessary. (R. S. Sec. 4090.) 



When school 
commissioner 
may hold 
institute. 



Section 7869. 
the public schools within any county in which a county in- 



All teachers and superintendents of Teachers may 

dismiss school 

stitute is held while the schools are in session, may dismiss institute, 
their schools for one week for the purpose of attending 
such institute. (R. S. Sec. 4091.) 



Section 7870. The boards of education of all school 
districts are required to pay the teachers and superintend- 
ents of their respective districts their regular salary for the 
week they attend the institute upon the teachers or super- 
intendents presenting certificates of full regular daily at- 
tendance, signed by the president and secretary of such in- 
stitute. If the institute is held when the public schools are 
net in session, such teachers or superintendents shall be 
paid two dollars a day for actual daily attendance as cer- 
tified by the president and secretary of such institute, for 
not less than four, nor more than six days of actual attend- 
ance, to be paid as an addition to the first month's salary 
after the institute, by the board of education by which such 
teacher or superintendent is then employed. In case he or 
she is unemployed at the time of the institute, such salary 
shall be paid by the board next employing such teacher 
or superintendent, if the term of employment begins within 
three months after the institute closes. (R. S. Sec. 4091.) 

Stipulation denying teacher compensation for teacher's institute void. 
30 O. C. C, m (11 N. S. 103.) 

Beverstock v. Bd. of Ed., 75 O. S., 144. 

Reid V. Muhlenberg Tp. (Bd. of Ed.) 16 O. D. N. P., 414. 



Pay for 

attending 

institute. 



CITY institute. 

Section 7871. The board of education of each city institutes for 
school district may provide for holding an institute yearly city districts, 
for the improvement of the teachers of the common schools 
therein. General meetings of the teachers of a city dis- 
trict held upon not less than four days in any year, whether 
consecutive days or not, for the purposes of instruction, 
shall constitute a teachers' institute for a city district with- 
in the meaning of this section. (R. S. Sec. 4092.) 



i66 



tEACHERs' INSTITUTES. 



Expenses of, SECTION 7872. The expenses of such institute shall be 

fon P''°^"^^^ paid from the city institute fund hereinbefore provided for. 
In addition to this fund the board of education of any dis- 
trict annually may expend for the instruction of the teach- 
ers thereof, in an institute or in such other manner as it 
prescribes, a sum not to exceed five hundred dollars, to be 
paid from its contingent fund. (R. S. Sec. 4092.) 

A board of education may pay the transportation of teachers in visiting 
schools of other cities, provided such visitation is for the instruction of the 
teachers. 



When city 
fund to be 
paid into 
county fund. 



Section 7873. If the board of a district does not 
provide for such institute in any year, it shall cause the in- 
stitute fund in the hands of the district treasurer for the 
year to be paid to the treasurer of the county wherem the 
district is situated, who shall place it to the credit of the 
county institute fund. The teachers of the schools of such 
district in such case, shall be entitled to^ the advantages of 
the county institute, subject to the provisions of sections 
seventy-eight hundred and sixty-nine, and seventy-eight 
hundred and seventy. The clerk of the board shall make 
the report of the institute required by the next following 
section. (R. S. Sec. 4092.) 



missioner. 



Length of Section 7874. All institutes held under the pro- 

t"st°a°e com-*^* visions of this chapter shall continue at least four days. 
A report of the institute held in pursuance of the provisions 
of sections seventy-eight hundred and seventy-one and 
seventy-eight hundred and seventy-two shall be made to the 
state commissioner of common schools within five days 
after the adjournment thereof. It must state the number 
of teachers in attendance, the names of the instructors and 
lecturers, the total expenses of the institute, the portion 
thereof paid from the , institute funds, and such other in- 
formation relating to the institute as the commissioner re- 
quires. (R. S. Sec. 4094.) 



CHAPTER 9. 



TEACHERS' PENSIONS. 



Section 

7875. Trustees of school-teachers' pension 
fund. 

Election of board of trustees. 

How fund created and invested. 

Notice to teachers; acceptance. 

Investment of funds; payment of pen- 
sions. 

Retirement and pension of teachers. 

Meaning of term "teacher." 

Teachers entitled to pension. 

Amount of pension. 

Who not entitled to pension. 

How, when fund insufficient to pay pen- 
sions. 



7876. 
7877. 
7878. 
7879. 



7881. 
7882. 
78S3. 
7884. 
7885. 



Section 

7886. Use of principal and income. 

7887. Pension exempt. 

7888. Monthly certifications of deductions frcm 

salaries. 

7889. Who custodian of fund. 
78S0. Duties. 

Rebat; in cas-; of resignation or removal. 
Heirs, legatees or assigns of deceased 
teacher entitled to half amount paid. 
Rules and regulations. 

Monthly payments to be made by board. 
Payments from contingent fund. 
Transfer of existing funds. 



7891. 



7893. 
7S94. 
789.5. 
7S96. 



Section 7875. When the board of education of a 
school district by resolution, adopted by a majority vote of 
the members thereof, declares that it is advisable to create 
a school-teachers' pension fund for that school district, 
such fund shall be under the management and control of a 
board to be known as "the board of trustees of the school- 
teachers' pension fund" for such district. Such board shall 
be composed of not less than three, nor more than seven 
members, as the board of education by resolution declares. 
If composed of less than five a member of the board of 
trustees of such pension fund shall be elected by the board 
of education of such school district, and the remaining 
members by the teachers of the public schools, including the 
teachers of any high schools, of such distfict, who have 
accepted the provisions hereinafter provided. If such board 
is to be composed of five or more members, two members 
of the board of trustees of such school district shall be 
elected by the board of education thereof, and the remain- 
ing members by the teachers of the public schools, including 
the teachers of any high schools of such school district, 
who have accepted such provisions. (R. S. Sec. 3897b.) 



Trustees of 
gchool teach- 
ers' pension 
fund. 



Section 7876. The election of the members of such 
board by the teachers shall be at a meeting called by the 
superintendent of schools of such school district, the first 
election to be at a meeting to be called by the superintend- 
ent when one-third of the public school teachers of such 
school district have accepted the provisions of this chapter. 
Members of the board of trustees of such pension fund 
shall be elected for such length of time as the board of edu- 
cation of the school district by resolution declares, to serve 
not less than one, nor more than three years. They shall 
serve until their successors are elected and qualified, and 
without compensation. (R. S. Sec. 3897b.) 

167 



Election of 
board of 
trustees. 



i68 



TEACHERS PENSIONS. 



Provision . SECTION 7877. When the board of education of any 

of school'"" school district has declared the advisability of creating a 
sfon'^funV^"' ^^'""^^^ teachers' pension fund, its clerk shall notify each 
. ■ . teacher in the public schools and hig^h schools, if any, of 
the school district, by notice in writing of the passage of 
such resolution, and require the teachers to notify the board 
in writing within thirty days from the date of such notice 
whether they consent or decline to accept the provisions 
of law for creating such a fund; but teachers who, prior 
to the first day of July, 191 1, were in the employ of a board 
of education which has created such a fund under this law 
shall not be denied the right of accepting the provisions 
hereof before the first day of January, 1912. After the 
^ election of the board of trustees herein provided for, two 

dollars ($2.00) shall be deducted by the proper officers 
from the monthly salary of each teacher who accepted such 
provisions, and from the salary of all new teachers such 
sum to be paid into and applied to the credit of such pen- 
sion fund; and such sum shall continue so to be deducted 
during the term of service of such teacher. 

All persons employed for the first time as teachers by 
a board of education which has created such a pension fund 
shall be deemed new teachers for the purpose of this act, 
but the term new teachers shall not be construed to include 
teachers serving under reappointments. New teachers shall 
by accepting employments as such accept the provisions of 
this act and thereupon become contributors to said pension 
fund in accordance with the terms hereof. And the pro- 
visions of this act shall become a part of and enter into 
such contract of employment. 

Held to create a mutual contract in the nature of insurance; hence 
all terms should be given a fair interpretation, without favor, and where one 
does not come within the express terms there is no reason to strain them to 
include him. 7 O. C. C, N. S. 337. 

The teachers' pension act only applies to persons who were teachers at 
the time of the enactment of the law, or who have taught at some period 
since its enactment. 

A teacher who has rejected the provisions of the pension act may accept 
the same within sixty days after a new appointment by the board of 
education. 



Donations, 
bequests, etc. 



Section 7878. All moneys received from donation, 
legacies, gifts, bequests, or from any other source, shall 
also be paid into such fund, or into a permanent fund. If 
paid into a permanent fund, only the interest thereof shall 
be applied to the payment of pensions. 



Investment of 
funds; pay- 
ment of 
pensions. 



Section 7879. Such board of trustees may invest 
such pension fund in the name of the board in bonds of the 
United States, or of the state of Ohio, or of any county, 
or municipal corporation, or school district in this state ; and 
may make payments from such fund for pensions granted 
in pursuance of the laws relating thereto. The board of 
trustees from time to time also may make and establish such 
rules and regulations for the administration of the fund as 
they deem best. (R. S. Sec. 3897c.) 



TEACHERS PENSIONS. 169 

Section 7880. Such board of education of such Retirement 
school district, and a union, or other separate board, if ariy, 0?^.^^^^^^°" 
having the control and management of the high schools of 
such district; may each by a majority vote of all the mem- 
bers composing the board on account of physical or mental 
disability, retire any teacher under such board who has 
tanght for a period aggregating twenty years. One-half 
of such period service must have been rendered by such 
beneficiary in the public schools or high schools of such 
school district, or in the public schools or high schools of 
the county in which they are located, and the remaining 
one-half in the public schools of this state or elsewhere. 

Section 7881. The term "teacher" in this chapter, Meaning of 
shall include all teachers regularly empolyed by either of "^teacher", 
such boards in the day schools, including the supenntendent 
of schools, all superintendents of instruction, principals, 
and special teachers, but in estimating years of service, 
only service in public day schools or day high schools, sup- 
ported in whole or in part by public taxation, shall be con- 
sidered. (R. S. Sec. 3897d.) 

Section 7882. Any teacher may retire and become Teachers 
a beneficiary under this chapter who has taught for a period entitled to 
aggregating thirty years. But one-half of such term of 
service must have been tendered in the public schools or in 
the high schools of such school districts, or in the public 
schools or high schools of the county in which the district 
is located, and the remaining one-half in the public schools 
of this state or elsewhere. 

Section 7883. Each teacher so retired or retiring Amount of 
shall be entitled during the remainder of his or her natural Pension, 
life to receive as pension, annually, twelve dollars and fifty 
cents for each year of service as teacher, except that in no 
event shall the pension paid to a teacher exceed four hun- 
drd and fifty dollars in any one year. Such pensions 
shall be paid monthly during the school year. 

Section 7884. No such pension shall be paid until the who not en- 
teacher contributes, or has contributed, to such fund a sum ^'.t^^d to pen- 
equal to twenty dollars a year for each year of service 
rendered as teacher, but which sum shall not exceed six 
hundr-ed dollars. Should any teacher retiring be unable to 
pay the full amount of this sum before receiving a pension, 
in paying the annual pension to such retiring teacher, the 
board of trustees must withhold on each month's payment 
twenty per cent, thereof, until the amount above provided 
has been thus contributed to the fund. (R. S. Sec. 3897d.) 

It is not compulsory for a teacher, even if financially able, to pay the 
entire sum of six hundred dollars, before being eligible to receive a pension 
under the pension act. The wording of this act makes the payment of this 
fund discretionary with such teacher. 

This section seems to equalize the burden between teachers who have pa-d 
for the full term of service and those who have not. 



t;:*6 



TEACHERS^ PENSIONS. 



How, when 
fund insuf- 
ficient to pay 
pensions. 



w 

Section 7885. If such pension fund at any time be 
insufficient to meet the pensions so provided for, during the 
period it is insufficient to make such payment, the amount 
ip such fund shall be prorated between the parties entitled 
thereto. (R. S. Sec. 3897d.) 



Use of prin- 
cipal and 
income. 



Section 7886. Such board of trustees may use both 
the principal and income of such fund for the payment of 
the premiums herein provided for, and the expense thereof, 
but this shall not apply to the principal of moneys received 
from donations, legacies, gifts, bequests, or other such 
sources. (R. S. Sec. 38976.) 



Pension ex- 
empt. 



Section 7887. Before its distribution and payment 
by the -board of trustees to the beneficiaries, no part of 
such pension fund shall be liable to be taken or subjected 
by any writ or legal process against the beneficiary. (R. 
S. Sec. 38976.) 



Monthly cer- 
tifications of 
deductions^ 
from salaries. 



Section 7888. The clerk of the board of education 
of such school district, and the clerk of the union board of 
high schools, or other separate board having the control 
and management of the high schools of the district, if any, 
each shall certify monthly to such board of trustees all 
amounts deducted from the salaries of the teachers as above 
provided, which amounts, as well as all other moneys con- 
tributed to such fund, must be set apart as a special fund 
for the purposes herein specified, subject to the order of 
the board of trustees. Moneys belonging to such fund shall 
be paid only on the order of such board, entered upon its 
minutes on warrants signed by its president and secretary. 
(R. S. Sec. 3897f.) 



Who custo- 
dian of fund. 



Section 7889. The treasurer of such school district 
shall be the custodian of such pension fund, and keep it 
subject to the order, control and direction of the board of 
trustees. He must keep books of accounts concerning the 
fund in such manner as may be prescribed by such board 
which always shall be subject to the inspection of the board 
of trustees or of any member thereof. Such treasurer shall 
execute a bond to the board of trustees with good and suf- 
ficient sureties in such sum as the board requires, which 
bond shall be subject to its approval, and be conditioned for 
the faithful performance of his duties as custodian and 
treasurer of the board. (R. S. Sec. 2897g.) 



Duties. Section 7890. Such treasurer must keep and truly 

account for all moneys and profits coming into his hands, 
belonging to such fund, and at the expiration of his term 
of office pay over, surrender and deliver to his successor 
all securities, moneys and other property of whatsover kind, 
nature and description in his hands or under his control 
as treasurer. For his services he shall be paid not to ex- 



tfeACHERS^ PENSIONS. 



in 



ceed one per cent, annually of the amount paid into the 
fund during the year. (R. S. Sec. 3897g.) 

Section 7891. A' teacher who resigns, upon applica- 
tion within three (3) months after such resignation takes 
effect, shall be entitled to receive one-half of the total 
amount paid by such teacher into such fund. If at any 
time a teacher who is willing to continue in the service of 
the board of education is not re-employed or is discharged 
before his term of service aggregates twenty years, then 
to such teacher shall be paid back at once all the money he 
or she may have contributed under this law. But if any 
teacher who has taught for a period aggregating twenty 
years is not re-employed by the board of education, such 
failure to re-employ shall be deemed his retiring, and such 
teacher shall be entitled to a pension according to the pro- 
visions of this act. 



Provisions 
for refunding 



Section 7892. In case of the death of a teacher, the 
heirs, legatees or assigns of the deceased, shall be entitled 
to receive half of the total amount paid by such teacher 
into such fund upon application therefor, with proof of 
claim to the satisfaction of the board of trustees. (R. S. 
Sec. 3897h.) 

Section 7893. The board of trustees shall make such 
rules and regulations as it may deem expedient or neces- 
sary for its government ; which must be adopted, and when 
adopted, may be amended, by a vote of not less than two- 
thirds of all the members of the board. (R. S. Sec. 3897i.) 

Section 7894. The board of education in any school 
district which has created, or shall create, a teachers' pen- 
sion fund, shall pay monthly into such fund all deductions 
from the salaries of teachers on account of their tardiness 
or absence. (R. S. Sec. 3897k.) 

Section 7895. The board of education in any school 
district which has created, or shall create, a teachers' pen- 
sion fund, semi-annually, shall pay from the contingent 
fund of such school district into such fund, not less than 
one per cent, nor more than two per cent, of the gross 
receipts of the board raised by taxation, which shall be 
applied to the payment of teachers' pensions, a? herein- 
before provided. (R. S. Sec. 3897I.) 

Section 7896. Upon the election and organization of 
a board of pension trustees under this chapter in any school 
district, any school teachers' pension fund heretofore cre- 
ated for such district under any former act shall be trans- 
ferred to the board of trustees created under this chapter 
by the board or persons having control thereof. Bene- 
ficiaries under such transferred fund shall receive pensions 
under this chapter. (R. S. Sec. 3897J.) 



Heirs, legatees 
or assigns of 
deceased 
teacher en- 
titled to half 
amount paid. 



Rules and 
regulations. 



Monthly pay- 
ments to be 
made by 
board. 



Payments 
from contin- 
gent fund. 



Transfer of 
existing funds. 



CHAPTER 10. 



NORMAL SCHOOLS. 



SECTION 

7897. State normal schools; location. 

7898. Maintenance, control, instruction. 

7899. Local tax to aid such school. 



Section 

7900. Question to be submitted to vote. 

7901. When another election may be held. 



State normal 

schools; 

location. 



Maintenance, 

control, 

instruction. 



Local tax 
to aid such 
school. 



Question to 
be submitted 
to vote. 



When anothei 
election may- 
be held. 



Section 7897. There are hereby created and estab- 
lished two state normal schools to be located as follows : 
One in connection with the Ohio university, at Athens, and 
one in connection with the Miami university, at Oxford. 
(95 V. 45 § I-) 

Section 7898. Boards of trustees of such universities 
shall maintain at their respective institutions a normal 
school which shall be co-ordinate with existino^ courses of 
instruction, and be maintained in such a state of efficiency 
as to provide proper theoretical and practical trainmg for 
all students desiring to prepare themselves for the work of 
leaching. Such normal schools, in each case shall be under 
the general charge and management of the respective 
boards of trustees of such universities. (95 v. 45 § 2.) 

Section 7899. The trustees of any township in this 
state, in which a normal school is organized and conducted, 
annually may levy a tax, not exceeding two mills on the 
dollar upon all the taxable property of the township for 
the purpose of aiding in the support of such normal school 
(97 V. 389 § !•) 

Section 7900. Before the tax can be levied, the ques- 
tion of making a levy for such purpose, shall be submitted 
to the qualified electors of the township, at a special or gen- 
eral election to be held therein, due notice of which must 
be given at least twenty days prior to the election, by pub- 
lication in some newspaper of general circulation in the 
township. If a majority of the votes cast at such election 
upon the question of tax levy is in favor of levying a tax 
then the trustes of the township thereafter annually shall 
make the levy and report it to the county auditor for col- 
lection as other taxes to be paid over, when collected, to the 
duly qualified and acting treasurer of the board of trustees 
of such normal school. (97 v. 389 § 2.) 

Section 7901. At any time after four years from 
the date of such an election, another election may be pe- 
titioned for and shall be ordered by the trustees of the 
township, if the petition be signed by at least forty per 
cent, of the qualified electors of the township. (97 v. 389 

§3-) 

172 



. NORMAL SCHOOLS. ' • 173 

[House Bill No. 44.] 
Section i. That the normal school system -of the 
State of Ohio created and established by Chapter Ten of 
the General Code, be extended by the creation and estab- 
lishment of two additional state normal schools, one in 
Northeastern Ohio and one in Northwestern Ohio, to be 
so located as to afford the best opportunity possible tor all 
the people to obtain the benefits and advantages to be de- 
rived frorn teachers trained both theoretically and practi- 
cally. Neither of such schools shall be located in any city 
or village which now has a college located therein. 

Section 2. Within thirty days after the passage of 
this act the Governor shall appoint a commission com- 
posed of five persons, not more than three of whom shall be 
from any one poHtical party, and no one of whom shall be 
personally or financially interested in any site determined 
upon by said commission. Said appointees shall constitute a 
commission with full power and authority to select suitable 
locations, lands, or lands and buildings and secure options 
on the same as said commission may find necessary for the 
establishment of said Normal Schools and upon such terms 
and conditions as said commission may deem to be for the 
best interests of the state and submit a report of their pro- 
ceedings to the Governor for his annroval on or before the 
first day of December, 1910. The members of said com- 
mission shall serve without compensation but shall be paid 
their reasonable and necessary expenses while in the dis- 
charge of their official duties and shall serve until the ap- 
pointment and organization of the boards of trustees, here- 
inafter provided. 

Section 3. As soon thereafter as the General As- 
sembly shall appropriate a sufficient amount of money for 
the purchase of said sites and the erection of suitable build- 
ings thereon, the Governor shall appoint by and with the ad- 
vice and consent of the Senate five competent persons who 
shall constitute a Board of Trustees for the proposed Nor- 
mal School in the Northeaster portion of Ohio and five oth- 
er competent persons who shall constitute a Board of Trus- 
tees for the proposed Normal School in the Northwestern 
portion of Ohio. 

Section 4. Each board of trustees shall organize im- 
mediately after its appointment by the election from its 
members of a president, a secretary and a treasurer. The 
treasurer, before entering upon the discharge of his duties 
shall give bond to the State of Ohio for the faithful per- 
formance of his duties, and the proper accounting for all 
moneys coming into his care. The amount of said bond 
shall be determined by the trustees, but shall not be for 
a less sum than the estimated amount which may come into 
his control at any one time. Said bond shall be approved 
by the Attorney General. 



174 NORMAL SCHOOLS. 

Before adopting- plans for the buildings of said Nor- 
mal Schools each board shall elect a president of known 
ability for the school under its control, who shall have 
advisory power in determining said plans. In plannnig said 
buildings, ample provisions shall be made for the establish- 
ment of a well equipped department for the preparation of 
teachers in the subject of agriculture. 

The boards of trustees in connection with the presi- 
■ dents of the Normal Schools shall select and appoint an 
able and efficient corps of instructors for the said schools, 
provide a suitable course of study for the theoretical and 
practical training of students who desire to prepare them- 
selves for the work of teaching, fix rates of tuition and pro- 
vide proper equipment. 

Said boards shall proceed without unnecessary delay 
to purchase said selected sites, lands and buildings, as the 
case may be, and erect thereon suitable and substantial 
buildings or enlarge, reconstruct and properly repair in a 
suitable and substantial manner such building or buildings, 
if any there be, and complete said buildings as soon as con- 
ditions will permit. And said board of trustees shall do 
any and all things necessary for the proper rnamtenance 
and successful and continuous operation of said Normal 
Schools and may receive donations of lands and moneys 
for the purposes of said normal schools. 

The Governor when appointing said board of trustees 
shall designate one member of each board to serve one year, 
one to serve two years, and one to serve three years, one 
to serve four years and one to serve five years and there- 
after one trustee for each board shall be appointed annually 
for five years for the control and management of said Nor- 
mal Schools. They shall serve without compensation other 
than their reasonable and necessary expenses while engaged 
in the discharge of their official duties. Not more than 
three members of each board shall be elected fromi any 
one political party. 

Section 5. The Governor shall have power to re- 
move for just cause any appointees herein named, when, 
in his judgment, he deems it necessary, and shall fill all 
vacancies that may occur. 

Section 6. The said Normal Schools shall be sup- 
ported by such sums and in such manner as the General 
Assembly may from time to time provide. (As passed May 
loth, 1910.) 



CHAPTER 11. 

COLLEGES AND UNIVERSITIES. 



MUNICIPAL UNIVERSITIES, ETC. 
Section 

7902. Powers of board of directors. 

7903. City solicitor to act as attorney. 

7904. When board may confer degrees. 

7905. University defined. 

7906. Council may provide site for municipal 
university. 

How such grant changed. 

Tax levied. 

When levy to be made. 

Municipal university. 

Issue of bonds. 

Disposal of bonds. 

Power and control vested in directors. 

Duties of trustees of sinking fund. 

Board of directors of educational institu- 
tion may accept educational trusts. 
'915-1. Exemption from taxation. 
916. How trust funds to be applied. 

Trusteeship to vest in city, etc. 

Account of receipts and expenditures of 
endowment fund. 

How funds invested. 

Citizens not to be charged for admission 
of children. 

Board of education to have control and 
management of property held in trust 
for educational purposes. 

Tax levy. 



7907. 
7908. 
7909. 
7910. 
7911. 
7912. 
7913. 
7914. 
7915. 



7917, 
7918. 



7919. 

7920. 



7921 



7922. 



STATE UNIVERSITIES GENERALLY. 

7923. Declaration of policy of state with re- 

spect to Ohio state university, Ohio 
university and Miami university. 

7924. Tax levy for support of Miami univer- 

sity. 

7925. Tax levy for support of Ohio univer- 

sity. 

7926. Tax levy for support of normal school 

at Ohio university. 

7927. Tax levy for support of normal school 

of Miami university. 

7928. How such money shall not be expended. 

7929. Tax levy for support of Ohio state uni- 

versity. 

7930. Tuition. 

7931. Inspection of accounts. 

OHIO UNIVERSITY. 

7932. Providing for sale of university lands. ^ 

7933. Owner to receive deed; form of. 

7934. Validity of such deed. 

7935. Registry of deed, etc., to_ be kept. 

7936. Proceeds to be deposited in state treas- 

ury, and become irreducible trust 
fund. 

7937. Levy and collection of state tax_ upon 

lands donated to Ohio university. 

7938. Tax in lieu of rents; tax collected from 

railroad companies. 

MIAMI UNIVERSITY. 

7939. Appointment of trustees. 

7940. Annual report. 



Section 

7941. Duty of standing committee on colleges 

and universities. 

OHIO STATE UNIVERSITY. 

7942. Appointment of trustees; term, compen- 

sation, etc. 

7943. Style and power of trustees. 

7944. Officers of the board. 

7945. Treasurer. 

7946. Meetings of board. 

7947. Annual report of trustees. 

7948. Board may make rules and regulations. 

7949. Election of president, professors, etc., 

and course of instruction. 

7950. Property, expenses, etc. 

7950-1. High school on campus of Ohio state 
university. 

7951. Board may receive devises of land, etc. 

7952. Title of lands to be vested in the state, 

etc. 

7953. Attorney-general to be legal adviser of 

the board. 

7954. Who admitted as pupils, lectures. 

7955. Branches prescribed. 

7956. Duties of board as to cereals, etc. 

7957. Collections of specimens of geology, etc. 

7958. Department of ceramics. 

7959. Special instruction therein. 

7960. Laboratory. 

7961. Expert. 

7962. Establishment of a school of mines. 

7963. Employment and duties of instructors. 

7964. Written analysis of fertilizers. 

7965. State sealer and standards of weights 

and measures. 
7965-1. Confiscation of false weights and 
measures. 

7966. Copies of standards for use of counties. 

7967. Device on county standards. 

796S. Like copies to be furnished to cities and 
villages. 

7969. Expenses. 

7970. Inspection of gas and meters. 

7971. Funds from sale of land scrip. 

7972. Investment of interest of "scrip fund." 

7973. County schools. 

7974. Instruction by mail. 

WILBERFORCE UNIVERSITY. 

7975. Normal and industrial department. 

7976. Board of trustees. 

7977. Choosing of trustees by university board. 

7978. ■^'^acancies. 

7979. Names of trustees to be certified to 

governor. 

7980. Meetings of trustees; their expenses. 

7981. Powers and duties of trustees. 

7982. Non-sectarian character of department. 

7983. Bond of treasurer. 

7984. Annual report, and estimate of appro- 

priations. 

7985. Designation of pupils by members of 

general assembly. _ 

7986. Appropriations; application of revenues. 



MUNICIPAL UNIVERSITIES. ETC. 



Section 7902. As to all matters not herein or other- Powers of 
wise provided by law, the board of directors of a municipal ^•^Yc'tors. 
university, college or institution, shall have all the author- 

175 



170 



COLLEGES AND UNIVERSITIES. 



Deeds. 



ity, power and control vested in or belonging to such 
municipal corporation as to the sale, lease, management and 
control of the estate, property and funds, given, transferred, 
covenanted, or pledged to such corporation for the trusts 
and purposes relating thereto, and the government, con- 
duct and control of such university, college or institution. 
It may, unless prohibited by the terms of the trust un- 
der v^^hich such a state or property is held, sell, or lease 
perpetually or for any less period and with or without a 
privilege of purchase, at a fixed price, any part of the whole 
of any such estate or property, and on sale, or on an election 
to purchase under a lease containing a privilege to pur- 
chase as aforesaid, convey or transfer such estate or prop- 
erty, and if heretofore any lease with the privilege of pur- 
chase at a fixed price shall have been executed and de- 
livered by said board, or any board preceding it in office, 
for any part or the whole of any such estate or property, 
said board shall on an election to purchase such lease con- 
vey such premises. All instruments afi:ecting real estate 
shall be executed on behalf of the board by such of its 
officers as it shall designate by resolution, authorizing the 
execution of such instrument and all deeds so executed 
shall convey all the title of said board and of such mu- 
nicipal corporation in and to the real estate so conveyed ; 
for the care and administration of the trust property, and 
the collection of the income, rents, and profits thereof ; ap- 
point the president, professors, tutors, instructors, agents 
and servants necessary and proper for such university, 
college or institution, and fix their compensation ; provide 
all the necessary buildings, books, apparatus, means and 
appliances, and pass such by-laws, rules and regulations 
concerning the president, professors, tutors, instructors, 
agents, and servants, and the admission, governirrent and 
tuition of students, as it deems wise and proper, and by 
suitable by-laws, delegate and commit the admission, gov- 
ernment, management and control of the students, courses 
of studies, discipline and other internal affairs of such uni- 
versity, college or institution, to a faculty which the board 
appoints from among the professors. (R. S. Sec. 4099.) 

Section 7903. When requested so to do by resolution 
of such board, the solicitor of such municipal corporation 
shall prosecute and defend, as the case may be, for and in 
behalf of the corporation, all complaints, suits and con- 
troversies in which the corporation or such board is a party, 
and which relate to any property, funds, trusts, rights, 
claims, estate or affairs under the control or direction of the 
board, or which, in any manner, relate to the conduct or 
government of such university, college or institution. (R. 
S. Sec. 4099.) 

When board SECTION 7904. The board of directors of such uni- 

^^y^confer vcrsity, collcgc or institution, ujvDn the recommendation of 

the faculty thereof, may confer ,such degree? and honors 



By-laws. 



City solicitor 
to act as 

attorney. 



COLLEGES AND UNIVERSITIES. 



1/7 



as are customary in universities and colleges in the United 
States, and such others as with reference to the course of 
studies and attainments of the graduates in special depart- 
ments it deems proper. (R. S. Sec. 4102.) 

Section 7905. A university supported in whole or in University 
part by municipal taxation, is defined as an assemblage of '^^fi'^^'i- 
colleges united, under one organization or management, 
affording instruction in the arts, sciences and the learned 
professions, and conferring degrees. (R. S. Sec. 4102.) 

Section 7906. The council of any such municipal council may 
corporation may set apart, or appropriate as a site for the ?o°^municf ai 
buildings and grounds of such a university, college or insti- university, 
tution, public grounds of the city not especially appropri- 
ated or dedicated by ordinance to any other use, any other 
law to the contrary notwithstanding; and the board of 
education of such a municipal coporation also, for a like 
purpose may set apart, convey or lease for a term of years, 
any grounds or building owned or controlled by such board. 
(R. S. Sec. 4103.) 

Section 7907. Any grant for the use of such How 3uch 
grounds, or buildings heretofore or hereafter made by any grant 
council or board of education, may be modified, changed 
or extended as to the time when it shall take effect and be 
in force, or otherwise, by agreement between such council, 
or board of education, and the board of directors of such 
university, college or institution. Such council shall be 
taken and held to be the representative of such municipal 
corporation vested with the title, right of possession and 
entire control of such property for the purposes of a new 
grant. (R. S. Sec. 4103.) 



Section 7908. The council annually may assess and 
levy taxes on all the taxable property of such municipal 
corporation to the amount of five-tenths of one mill on the 
dollar valuation thereof, to be applied by such board to the 
support of such university, college or institution, and also 
levy and assess annually five one-hundredths of one mill 
on the dollar valuation thereof, for the establishment and 
maintenance of an astronomical observatory, or for other 
scientific purposes, to be determined by the board of direct- 
ors and to be used in connection with such university, col- 
lege or institution, the proceeds of which shall be applied 
by the board of directors for such purposes exclusively. But 
such taxes shall only be levied and assessed when the chief 
work of such university, college or institution is the main- 
tenance of courses of instruction, in advance of, or supple- 
mentary to, the instruction authorized to be maintained in 
high schools by boards of education. (R. S. Sec. 4104.) 



Tax levied. 



12 S. I,. 



178 



COLLEGES AND UNIVERSITIES. 



When levy 
to be made. 



Section 7909. Such levies shall be made by the coun- 
cil at the time, and in like manner as other levies for other 
municipal purposes, and must be certified by it and placed 
upon the tax duplicate as other municipal levies. The funds 
of any such university, college or institution shall be paid 
out by the treasurer upon the order of the board of direct- 
ors and the warrant of the auditor. (R. S. Sec. 4104.) 



Municipal uni- 
versity. 



Section 7910. Any municipal corporation having a 
university supported in whole or part by municipal taxation, 
may issue bonds for the erection of additional buildings 
or the completion of buildings not completed, for such 
municipal university, and for the equipment thereof. (99 
V. 133 § !•) 



Issue of 
bonds. 



Section 791 i. Such bonds may be issued under 
ordinance of the council of such municipality with the_ ap- 
proval of the mayor, but only upon the receipt of a certified 
resolution from the board of directors of such university 
of the necessity of such issue. The resolution and ordi- 
nance must specify the amount of the issue, the denomin- 
ation of bonds, their rate of interest, their dates, and the 
times of their maturity. (99 v. 133 § 2.) 



Disposal of 
bonds. 



Section 7912. The bonds so issued shall be sold ac- 
cording to the provisions of law for the sale of municipal 
bonds, and the proceeds thereof, excepting the premiums 
and accrued interest, shall be placed in the treasury of such 
municipality and be used only for the purpose of erecting 
or completing and equipping such additional buildings as 
may have been specified in the resolution and ordinance 
calling for their issue. (99 v. 133 § 3.) 



Power and 
control vested 
in directors. 



Section 7913. In the use of such fund for such pur- 
pose, all power and control, shall be vested in the board of 
directors of the municipal university. Such board shall 
make any contracts necessary for the erection or completion 
of the buildings specified, and the equipment thereof; 
supervise their erection, completion and equipment, and 
issue proper vouchers for the payment out of such fund of 
moneys due under such contracts, and for_ any other ex- 
penses connected with the erection, completion, and equip- 
ment of such buildings. The amount of premium and ac- 
crued interest arising from the sale of the bonds shall be 
paid into the sinking fund. (99 v. 133 § 3.) 



Duties of 
trustees of 
sinking fund. 



Section 7914. The trustees of the sinking fund of 
any municipality issuing bonds under the above authority, 
annually shall levy a tax sufficient to pay the interest, and 
to provide a sinking fund for the final redemption . of the 
bonds at maturity. (99 v. 134 § 4.) 



COLLEGES AND UNIVERSITIES. 



179 



Section 7915. The board of directors of university, Beard cf di- 
college or other educational institution of any municipal g^ucafonLi 
corporation, in the name and on behalf of such corporation, instotion 
may accept and take any property or funds heretofore or ^du^catfonai 
hereafter given to such corporation for the pupose of trusts. 
founding, maintaining or aiding a university, college or 
institution for the promotion of education, and upon such 
terms, conditions and trusts consistent with law as such 
boards deems expedient and proper for that end. (R. S. 
Sec. 4095-) 

Section 791 5-1. All such property, personal or Exemption 
mixed, or real property located within the county in which ^l?'^ tax- 

11 1 1 • I- •• r ation. 

an university, college or other educational institution of any 
municipal corporation is located, heretofore or hereafter 
so given to or received by the board of directors of a uni- 
versity, college or other educational institution of any mu- 
nicipal corporation, the rents, issues, profits and income 
of which are used exclusively for the use, endowment or 
support of a university, college or other educational insti- 
tution of any municipal corporation, shall be exempted 
from taxation so long as such property or the rents, issues. 
profits or incomes thereof is used for and exclusively ap- 
plied to the endowment or support of such university, col- 
lege or other educational institution of such municipal 
corporation. 



Section 7916. For the further endowment, mainte- How trust 
nance and aid of any such university, college or institution be^appHed 
heretofore or hereafter founded, the board of directors 
thereof, in the name and in behalf of such municipal cor- 
poration may accept and take as trustee and in trust for 
the purposes aforesaid any estate, property or funds which 
may have been or may be lawfully transferred to the mu- 
nicipal corporation for such use by any person, persons or 
body corporate having them, or any annuity or endowment 
in the nature of income which may be covenanted or 
pledged to the municipal corporation, towards such use by 
any person, persons or body corporate. Any person, per- 
sons or body corporate having and holding any estate, 
property or funds in trust or applicable for the promotion 
of education, or the advancement of any of the arts or 
sciences, may convey, assign and deliver these to such mu- 
nicipal corporation as trustee in his, their or its place, or 
covenant or pledge its income or any part thereof to it. 
Such estate, property, funds or income shall be held and 
applied by such municipal corporation in trust for the 
further endowment, maintenance and aid of such univer- 
sity, college or institution, in accordance nevertheless with 
the terms and true intent of any trust or condition upon 
Avhich they originally were given or held. (R. S. Sec. 
4096.) 



i8o 



COLLEGES AND UNIVERSITIES. 



Trusteeship to 
vest in city, 
etc. 



Section 7917. Upon such transfer and the accept- 
ance thereof the municipal corporation and its successors, 
as trustees shall become and be perpetually obligated and 
held to observe and execute such trust in all respecis ac- 
cording to any other or further terms or conditions law- 
fully agreed upon at the time of such transfer and accept- 
ance. Any court having jurisdiction of the appointment of 
trustees of such trust for educational purposes, in a pro- 
ceeding therefor, duly instituted and had, may, .with the 
consent of its council, appoint and constitute such munici- 
pal corporation, trustee of the estate, property and funds 
so transferred to it, and dispense with bond and surety 
upon the part of the municipality for the performance of 
such trust, unless that is required by tlie original terms or 
conditions thereof, and upon the due transfer and accept- 
ance of such trust shall release and fully discharge the 
trustees so transferring it. Any acceptance or acceptances 
by such municipal corporation of any or all property, funds, 
rights, trust estate or trusts heretofore given, granted, as- 
signed, or otherwise conveyed or transferred to or bestowed 
upon such a municipal corporation or to or upon such a 
university, college or institution in good faithj and which 
are still held and retained by such municipality or such a 
university, college or institution, shall be held and deemed 
to be valid and binding as to all parties. (R. S. Sec. 4097.) 



Account of 
receipts and 
expenditures 
of endow- 
ment fund. 



Section 7918. The accounts of such trust estate, 
property and funds, and of the income and expenditure 
thereof, shall be kept by the auditor of such municipal 
corporation entirely distinct from all other accounts or af- 
fairs of the municipality and the moneys must be kept by 
the treasurer of the municipal corporation distinct from 
other moneys. Such board of directors, at all times, must 
confine their disbursements for current expenses within 
the income of the trust, estate, property and funds, and 
annually shall report to the mayor and council of such 
municipality a full statement of the accounts of adminis- 
tration of such trust and other funds. (R. S. Sec. 4101.) 



How funds 
invested. 



Section 7919. Such board may invest any part of 
the funds belonging to, or set apart for the use of such 
university, college or institution, or to any department 
thereof, as it from time to time deems proper, in bonds of 
the United States or of the state of Ohio, or of any munici- 
pal corporation of this state, or any county or school district 
herein, or in any other bonds or first mortgage securities 
approved by it ; and may use any funds including those 
arising from sales of any property sold under section sev- 
enty-nine hundred and two hereof, (provided the terms of 
the trust do not prohibit such use), in the improvement of 
any real or leasehold estate belonging either to the par- 
ticular trust of which the property sold was part or to any 
other trust under its control or management; or in the im- 



COLLEGES AND UNI^^ERSITIES. 



i8i 



to be charged 
for admission 
of children. 



provement of any real or leasehold estate set aside apart 
for the use of such university, college or institution. 

Section 7920. Citizens of such municipality shall not Citizens ^not 
he charged for instruction in the academic department, ex- 
cept in professional courses therein. Such board of direct- 
ors may charge fees to students in other departments and 
to students in profession courses in the academic depart- 
ment, and from time to time may make such university, 
college or institution free in any or all of its departments 
to citizens of the county in which it is located. The board 
of directors may receive other students on such terms as 
to tuition or otherwise as they see fit. (R. S. Sec. 4100.) 

Section 7921. The custody, management and admin- Board of edu- 
istration of any and all estates or funds, given or trans- con°r"i*and^^^ 
ferred in trust to any municipality for the oromotion of management 
education, and accepted by the council thereof, and any in- held in^trust 
stitution for the promotion of education heretofore or here- tkmafpur- 
after so founded other than a university as defined in this poses, 
chapter, shall be committed to, and exercised by, the board 
of education of the school district including such munici- 
pality. Such board of education shall be held the repre- 
sentative and trustee of such municipality in the manage- 
ment and control of such estates and funds so held in trust 
and in the administration of such institution, excepting 
always funds and estates held by any municipality which 
are used to maintain a university as heretofore defined. - 
(R. S. Sec. 4105.) 

Section 7922. For the uses and purposes of such Tax levy, 
board of education in administering such trusts, the council 
of such municipality annually may levy taxes on all the 
taxable property of such municipal corporation to the 
amount of three-tenths of one mill on the dollar valuation 
thereof. (R. S. Sec. 4105.) 



state universities generally. 

Section 7923. Inasmuch as it is deemed desirable for Declaration of 
this state to determine its policy in regard to the support with^re°spec*t^*^ 
of institutions of higher learning, and further desirable that universU ^*^*^ 
it adopt a distinct and fixed policy in regard to universities Ohio univer- 
and colleges for all time to come so that the policy of the Miamruni- 
state with reference to the Ohio State university, the Miami varsity, 
university and the Ohio university shall be determined and 
made definite and to the end that the state may build up one 
university worthy of it, as now begun at the Ohio State 
university, and also to fix such a policy as will provide 
support for the Miami and Ohio universities as colleges of 
liberal arts, but not to include technical or graduate instruc- 
tion, aside from the usual graduate work for the degree of 
master of arts, and to determine definitely for all time that 
the Miami university and the Ohio university shall be no 



1 82 



COLLEGES AND UNIVERSITIES. 



.g^reater char,e^e on the state so far as university purposes 
arc concerned than lierein provided for ; therefore this sub- 
division of this chapter is passed to set forth the poHcy, to- 
wirh : That in the future no representative of the Miami 
uni/ersity or of the Ohio university or of the Ohio State 
university shall violate or attempt to violate this policy 
herein enacted into law as a policy for the support of 
hieher education and as a guide for future oreneral assem- 
blies of the state of Ohio. (98 v. 309 § i.) 



Tax levy for 
support of_ 
Miami univer- 
sity. 



Section 7924. For the purpose of affording support 
to the Miami university, there shall be levied annually a 
tax on the grand list of the taxable property of the state, 
which tax shall be collected in the same_ manner as other 
state taxes and the proceeds of which shall constitute "the 
Miami university fund." The rate of such levy shall be 
eighty-five ten thousandths of one mill upon each 
dollar of valuation of such property. The sum raised by 
such levy, or its equivalent in money in case the levy is 
abolished, shall be the sum total received either from the 
i:)roceeds of the levy or from appropriations for the support 
of the college of liberal arts, and shall be used only for the 
])urposes set forth in the next preceding section. This levy 
shall not hereafter be increased. But this shall not prevent 
such appropriations from time to time as may be necessary 
for apparatus for university purposes, exclusive of build- 
ings. 



Tax levy for 
support of 
Ohio univer- 
sity. 



Section 7925. For the purpose of affording support 
to the Ohio university, there shall be levied annually a tax 
on the grand list of the taxable property of the state which 
'^hall be collected in the same manner as other state taxes 
and the proceeds of which shall constitute "the Ohio uni- 
versity fund." The rate of such levy shall be eighty-five 
ten thousandths of one mill upon each dollar of valuation 
of such taxable property. The sum raised by means of 
such levy, or its equivalent in money, in case the levy is 
abolished, shall be the sum total received either from the 
proceeds of the levy or from appropriations for the support 
of the college of liberal arts, and shall be used only for the 
juirposes set forth in section seventy-nine hundred and 
twenty-three. This levy shall not hereafter be increased. 
But this shall not prevent such appropriations from time to 
time as may be necessary for apparatus for university pur- 
poses, exclusive of buildings. 



Tax levy for 
support of 
normal school 
at Ohio uni- , 
versitv. 



Section 7926. For the purpose of affording support 
to the state normal school or college, in connection with the 
Ohio university, there shall be levied annually a tax on the 
grand list of the taxable property of the state. Avhich shall 
be collected in the same manner as other state taxes and 
the proceeds of which shall constitute "the Ohio normal 
school fund." The rate of such levy shall be five one 



COLLEGES AND UNIVERSITIES. 183 

thousandths of one mill upon each dollar of valua- 
tion of such taxable property, unless otherw^ise designated 
by the general assembly. Nothing in this section shall pre- 
vent such normal school from securing such additional ap- 
propriations as the general assembly sees fit to make from 
time to time for the support and equipment of the school. 

Section 7927. For the purpose of affording support Tax levy for 
to the state normal school or college, in connection with the n"?^"/]* °J.^^, , 
Miami university, there shall be levied annually a tax on the at _Miatni 
grand list of the taxable property of the state, which shall ""'^^''®' ^• 
be collected in the same manner as other state taxes and 
the proceeds of which shall constitute "the Miami normal 
school fund." The rate of such levy shall be thirty-five 
ten thousandths of one mill upon each dollar of valuation of 
such taxable property, unless otherwise designated by the 
general assembly. Nothing in this section shall prevent 
such normal school from securing such additional appro- 
priations as the general assembly sees fit to make from time 
to time for the support and equipment of the school. 

Section 7928. No moneys derived under the levies How such 
provided for in this subdivision of this chapter shall be ex- ^°^^^^ ^g^'' 
pended by the Miami. university or by the Ohio university pended. 
for maintaining or giving instructions in any courses of 
study other than in liberal arts in the normal school or 
college branches. (98 v. 311 § 6.) 

Section 7929. For the purpose of affording free the -j^^^ j^^y j^,. 
advantages to the youth of the state of a higher, technical, oifiP°'"g^°/ 
liberal, professional, agricultural, graduate and industrial university, 
education, including manual training, there shall be levied 
annually a tax on the grand list of the taxable property of 
the state, which shall be collected in the same manner as 
other state taxes and the proceeds of which shall consti- 
tute, "the Ohio State university fund." There shall be 
levied annually for that purpose five-hundred and thirty- 
five ten thousandths of one mill upon each dollar of valua- 
tion of such taxable property, or its equivalent in money 
should such levy be abolished. Nothing herein shall prevent 
the Ohio State university from securing any appropriations 
that the general assembly sees fit to grant for the purposes 
herein set forth. The Ohio State university never shall 
maintain a normal school, but may establish a teacher's 
college or professional grade. Nothing in this section shall 
prevent the board of trustees from charging incidental ex- 
pense fees and also reasonable tuition fees for professional 
education. 



Section 7930. No provision of this sub-division of 
this chapter shall prevent the boards of trustees of the Ohio 
State university, the Miami university, the Ohio university 
or the State Normal school at the Ohio university or at the 



Tuition. 



1 84 



COLLEGES AND UNIVERSITIES. 



Miami university from charging reasonable tuition for the 
atteniance of pupils of either of such institutions from 
sturlents who are non-residents of the state of Ohio. (98 
V. 312 § 8.) 



Inspection 
of accounts. 



Section 7931. The expenditure of all moneys imder 
tlie provisions of this sub-division of this chapter or for the 
purposes of carrying them out, raised or secured from any 
source whatsoever, shall be subject to the inspection of the 
state bureau of public accounting, the cost thereof to be 
paid by the university or college inspected at the cost as 
provifled by law. (98 v. 312 § 9.) 



OHIO UNIVERSITY. 



Providing for 
sale of uni- 
versity lands. 



Owner to re- 
ceive deed; 
form of. 



Validity of 
such deed. 



Registry of 
deed, etc., 
to be kept. 



Section 7932. 



The owners of lands or town lots held 
under leases from the president and trustees of the Ohio 
university, or held under sale leases or assignments by or 
under the original lessees, may pay to the treasurer of the 
university, such sum of money, as, placed at interest at six 
per cent, will yield the amount of rent reserved in the origi- 
nal lease, or in case of a division of the original tract or 
parcel leased, will equal the proper aliquot part thereof, 
or the part agreed upon by the several owners. But a per- 
son so surrendering and releasing to such corporation must 
pay the % necessary expenses incident to such change of 
tenure, and procure the services of an agent to perform. the 
necessary labor thereof. Upon payment of such sum and 
of all rents due upon the land, on demand of such owner, 
the treasurer shall give him a certificate of such payment. 
(80 V. 193 § I.) 

Section 7933. Upon such payment, such owner shall 
be entitled to receive a deed of conveyance for such land 
by him owned, to be signed by the president of such cor- 
poration, countersigned by its secretary, and sealed with 
the corporate seal of the university, conveying the premises 
in fee simple to him, or such owner at his option, may 
demand and receive a certificate as aforesaid. The gov- 
ernor of Ohio, upon presentation thereof, shall execute and 
deliver to such owner, a deed conveying the premises in 
fee simple to him. (80 v. 194 § 2.) 

Section 7934. Either of such deeds, so made, shall 
have the effect in law and in fact to vest in the grantee an 
absolute estate in fee simple in the premises, subject, how- 
ever, to all liens, equities, or rights of third persons in, to 
or upon the premises. (80 v. 194 § 3.) 

Section 7935. Such secretary shall keep an accu- 
rate registry of all such payments,' certificates and deeds, 
with an accurate description of the tract or lot of land so 
paid for or deeded. Thereafter, the land so deeded shall 
be subject to taxation in like manner as other freehold 



COLLEGES AND UNIVERSITIES. 



i«5 



estates in such count3^ The original leases therefor, in so 
far as regards the land so deeded, shall cease to have force 
or efifect. (80 v. 194 § 4.) 

Section 7936. The treasurer of the Ohio university, on Deposit of 
or before the first day of January, next, after such receipt money 
of money, must deposit it in the state treasury upon the 
certificate of the state auditor. The sums so deposited 
shall be added to the irreducible trust funds held by the 
state for educational purposes, and interest thereon be 
paid semi-annually to the treasurer of such university, 
upon the requisition of the state auditor; and the presi- 
dent and trustees of the Ohio university shall have power Power of 
to receive and hold in trust, for the use and benefit of the trustees, 
university, any grant or devise of land, and any donation 
or bequest of money or personal property, to be applied 
to the general or special use of the university ; all dona- 
tions or bequests of money, together with other donations 
and bequests converted into money, shall be paid to the 
state treasurer, unless otherwise directed in the donation 
or bequest, and the sums so deposited shall be added to the 
irreducible trust funds held by the state for educational 
purposes, and interest thereon shall be paid semi-annually 
to the treasurer of said university upon the requisition of 
the state auditor. 



Section 7937. A state tax or a tax equal to the state 
tax upon like property, shall be levied and collected upon 
all lands donated to the Ohio university, situated at Athens, 
Ohio, and held by lease from it or by deed from the gov- 
ernor of the university, including such parts of such lands 
as are or may be owned, occupied or used by railroad com- 
panies as road-beds, road-ways, station-houses, or for other 
purposes. Such taxes, when collected, shall be paid by the 
'treasurer of Athens county,' Vupon thei ^warrant (df the 
auditor of the county, to the treasurer of the Ohio univer- 
sity, for its use. (82 v. 115 § i.) 

Section 7938. The tax so collected upon lands so 
held by lease, shall be in lieu of so much of the rents due 
to the university. The tax so collected from railroad com- 
panies, and paid to the university, shall not include the tax 
upon rolling stock. (82 v. 115 § 2.) 



Levy and col- 
lection of 
state tax upon 
lands donated 
to Ohio uni- 
versity. 



Tax in lieu 
of rents; tax 
collected from 
railroad com- 
panies. 



MIAMI university. 

Section 7939. The government of-^Miami university Appointment 
shall be vested in twenty-seven trustees, to be appointed of trustees, 
by the governor by and with the advice and consent of the 
senate. Nine trustees shall be appointed every third year, 
for a term of nine years, beginning on the first day of 
March in the year of their appointment. A^acancies in the 
board of trustees shall be filled for the unexpire 1 term in 
the same manner. (66 v. 73 § i.) 



i86 



COLLEGES AND UNIVERSITIES. 



Annual re- 
port. 



Section 7940. The board of trustees, annually, shall 
make a full and accurate report to the governor, on or be- 
fore the fifteenth day of November, of all receipts and dis- 
bursements of the preceding year, the number of students 
in attendance, studies taught, and such other matters con- 
nected with the institution as the board deems important. 
Such report shall be transmitted by the governor to the 
legislature. (66 v. 73 § 2.) 



Duty of stand- Section 7941. The Standing committee on colleges 

cm^ 001°^™"^^ and universities of each legislature, shall examine into the 
condition of Miami university, and report to the legislature 
such matters as it deems important to the interests of the 
university. (66 v. 73 § 3.) 



and univer- 
skies. 



Appointment 
of trustees; 
term, com- 
pensation, 
etc. 



OHIO state ltniversity. 

Section 7942. The government of the Ohio state 
university shall be vested in a board of seven trustees, who 
shall be appointed by the governor, with the advice and 
consent of the senate. One trustee, shall be appointed each 
year for a term of seven years from the fourteenth day of 
May of such year, and serve until his successor is appointed 
and Qualified. A vacancy in the office of trustee shall be 
filled by an appointment to be made in the same manner as 
an original appointment, but only 'for the unexpired term. 
The trustees shall not receive compensation for their serv- 
ices, but shall be Daid their reasonable necessary expenses 
while engaged in the discharge of their official duties. (75 
V. 126 §§ 2, 3.) 



Style and 
power of 
trustees. 



Section 7943. The trustees and their successors in 
ofiice shall be styled the "board of trustees of the Ohio 
state university," with the right as such, of suing and be- 
ing sued, of contracting and being contracted with, of mak- 
ing and using a common seal, and altering it at pleasure. 
(67 V. 21 § 4.) 



Officers of 
the board. 



Section 7944. The board of trustees annually shall 
elect one of their number chairman, and in the absence of 
the chairman elect one of their number temporary chair- 
man. It also may appoint a secretary, treasurer, and 
librarian, and such other ofiicers as the interests of the 
college require who may be members of the board. Such 
appointees shall hold their offices for such term as the board 
may fix, subject to removal by it, and receive such com- 
pensation as the board prescribes. {6j v. 21 § 9.) 



Treasurer. 



Section 7945. Before entering upon the duties of his 
office the treasurer shall give bond to the state in such sum 
?s the board of trustees determines, but not for a less sum 
than the probable amount that will be under his control in 
anv one vear, conditioned for the faithful discharge of hi? 



COLLEGES AND UNIVERSITIES. 



187 



duties and the payment of all moneys coming into his 
hands, the bond to be approved by the attorney-general of 
the state. (67 v. 21 § 9.) 



Section 7946. Meetings of the board of trustees 
shall be .called in such manner, and at such times as the 
board prescribes. The board shall meet at least three times 
annually, and at such other times as may be necessary for 
the best interest of the university. A majority of the board 
present at any meeting shall constitute a quorum to do busi- 
ness; but a majority of all the board shall be necessary to 
elect or remove a president or professor. (75 v. 126 § 6.) 



Meetings of 
board. 



Section 7947. On or before the first day of October Annual re- 
of each year the board of trustees shall cause a report to f^ultees. 
be made to the governor of the condition of the university ; 
the amount of receipts and disbursements, and for what 
the disbursements were made ; the number of professors, 
officers, teachers, and other employes and the position and 
compensation of each, the number of students in the sev- 
eral departments and classes, and the course of instruction 
pursued in each; also an estimate of the expenses for the 
ensuing year ; a statement showing the progress of the uni- 
versitv, recording any improvements and experiments made, 
with their costs, and the results, and such other matters as 
■ are useful. Such annual report shall be for the year end- 
ing June thirtieth next preceding. Five thousand copies 
thereof shall be printed under the law as to printing the 
journals and other documents of the general assembly, to " 
be distributed by the trustees in such manner as they deem 
for the best interest of the university. The president 
thereof shall transmit by mail one copy respectively to the 
secretary of the interior, the secretary of agriculture, and 
to each of the colleges which are, or may be endowed 
under the provisions of the act of congress, of July 2nd, 
1862. (90 v. 292 § 7.) 

Section 7948. The board of trustees may adopt by- Board may 
laws, rules and regulations for the government of the uni- ^^d^regufa- 
versity. {6y v. 21 § 5.) ^'°"^- 



Section 7949. The board of trustees shall elect, and Election of 
fix the compensation of and remove, the president and such feslorsr*etc.r' 
number of professors, teachers and other employes as may ?nd course of 

• . instruction 

be deemed necessary ; but no trustee, or his relation by 
blood or marriage, shall be eligible to a professorship or 
position in the university, the compensation for which is 
payable out of the state treasury or university fund. The 
board shall fix and regulate the course of instruction and 
prescribe the extent and character of experiments to be 
made at the university. (67 v. 21 § 5; 75 v. 126 § 2; 99 
v. 602 § 9.) ' 



COLLEGES AND UNIVERSITIES. 



Property, ex- 
penses, etc. 



Section 7950. The board of trustees shall have gen- 
eral supervision of all lands, buildings, and other property 
belonging to the university, and the control of all expenses 
therefor, but shall not contract a debt not previously 
authorized by the general assembly of the state. (67 v. 
21 § 8.) 



High school 
on campus of 
Ohio state 
university. 



Section 7950-1. The construction of a high school 
building on the campus of the Ohio state university is here- 
l)y authorized upon such terms as may be agreed upon by the 
trustees of the Ohio state university and the board of educa- 
tion of the city school district of the city of Columbus, Ohio, 
and such high school shall be used as an observation and 
practice school by the college of education of the Ohio state 
university upon the terms and conditions as agreed upon by 
tiie said board of trustees and the said board of education. 

At no time shall the State of Ohio be called upon to 
assist in defraying the expenses of conducting or repairing 
such school. 



Board mav re- 
ceive devises 
of land, etc. 



Section 7951. The board of trustees may receive, 
and hold in trust, for the use and benefit of the university, 
any grant or devise of land, and donation or bequest of 
money or other personal property, to be applied to the gen- 
eral or special use of the university. All donations or be- 
quests of mone)^ shall be paid to the state treasurer, and 
invested in like manner as the endowment fund of the 
university, unless otherwise directed in the donation or be- 
quest. (67 V. 22 § II.) 



Title of lands 
to be vested 
in the state, 
etc. 



Section 7952. The title for all lands for the use of 
the university shall be made in fee simple to the state of 
Ohio, with covenants of seizin and warranty, and no title 
shall be taken to the state for the purposes aforesaid until 
the attorney-general is satisfied that it is free from all de- 
fects and incumbrances. (67 v. 22 § 13.) 



Attorney-gen- 
eral to be 
legal adviser 
of the board. 



Section 7953. The attorney-general of the state shall 
be the legal adviser of such board of trustees. He shall 
institute and prosecute all suits in their behalf and receive 
like compensation therefor as he is entitled to by law for 
suits brought in behalf of the asylums of the state. (67 
V. 22 § 15.) 



W'ho admitted 
as pupils; 
lectures. 



Section 7954. The university shall be open to all 
persons over fourteen years of age, subject to such rules, 
regulations and limitations, as to numbers from the several 
counties of the state, as is prescribed by the board of trus- 
tees. But each country shall be entitled to its just propor- 
tion, according to its population. The board may provide for 
courses of lectures, either at the seat of the university or 
elsewhere in the state, which shall be free to all. (67 v. 
20 § 7.) 



COLLEGES AND UNIVERSITIES. l8< 

Section 7955. Th board of trustees, in Lunnection Branches 
with the faculty of the university shall provide ,for the prescribed. 
teaching of such branches of learning- as are related to 
agriculture and the mechanic arts, mines and mine engi- 
neering, and military tactics, and such other scientific and 
classic studies as the resources of the fund will permit. 
ijj V. 227 § 10.) 

Section 7956. The board of trustees shall collect, or Duties of 
causae to be collected, specimens of the various cereals, cere'ds^^etc 
fruits, and other vegetable products, and have experiments 
made in their reproduction upon the lands of the university, * 
and make report thereof from year to year, together with 
such other facts as tend to advance the interests of agri- 
culture. (75 v. 126 § 4.) 

Section 7.957. The board of trustees shall secure and collections of 
keep in the university a collection of specimens in min- geo1ogy"^etc^ 
eralogy, geology, zoology, botany, and other specimens per- 
taining to natural history and the sciences. The president 
of the university shall collect and deposit therein 'wi me 
manner directed by the trustees, a full and complete set of 
specimens as collected by him and his assistants, together 
with a brief description of the character thereof, and where 
obtained. Such specimens shall be properly classified and 
kept for the benefit of the university. (75 v. 126 § 5.) 

Section 7958. The board of trustees of the univer- Department of 
sity shall establish therein a department of ceramics, equip- ceramics, 
ped and designed for the technical education of clay, cement 
and glassworkers, in all branches of the art which exist in 
this state, or which profitably can be introduced and main- 
tained herein from the mineral resources thereof, includ- 
ing the manufacture of earthenwares, stonewares, yellow- 
wares, whitewares, china, porcelain and ornamental pot- 
tery, the manufacture of sewer-pipe, fire-proofing, terra- 
cotta, sanitary claywares, electric conduits and specialties, 
fire-bricks and all refractory materials, glazed and enameled 
bricks, pressed bricks, vitrified paving material as well as 
the most economic methods in the production of the coarser 
forms of bricks used for building purposes ; and the manu- 
facture of tiles used for paving, flooring, decorative wall- 
paneling, roofing and draining purposes ; also the manufac- 
ture of cement, concrete, artificial stone and all kinds of 
glass products and all other clay industries represented in 
this state. (91 v. 164 § i.) 

Section 7959. Such department shall offer special special in- 
instruction to clay-workers on the origin, compostion, struction 
properties and testing of clays, the selection of materials 
for different purposes, the mechanical and chemical prepa- 
ration of clays, the laws of burning clays, the theory and 
practice of the formation of clay bodies, slips and glazes, 
and the laws which control the formation and fusion of 
silicates. (91 v. 164 § 2.) 



190 



COLLEGES AND UNIVERSITIES. 



Laboratory. 



Expert. 



Establishment 
of a school 
of mines. 



Employment 
and duties of 
instructors. 



Section 7960. Such department shall be provided 
with an efficient laboratory designed especially for the prac- 
tical instruction of clay-workers in the list of subjects 
enumerated in section seventy-nine hundred and fifty-eight, 
and also be equipped to investigate into the various troubles 
and defects incident to every forni of clay working, which 
can not be understood or avoided except by use of such 
scientific investigation. Such laboratory shall be equipped 
with apparatus for chemical analysis, with furnaces and 
kilns for pyrometric and practical trials, with such machin- 
ery for the grinding, washing and preparation of clays for 
manufacture, as is consistent with the character of the de- 
partment, (91 V. 164 § 3.) 

Section 7961. To conduct this department of cera- 
mics, the board of trustees shall employ a competent ex- 
pert, who shall unite with the necessary education and 
scientific acquirements, a thorough practical knowledge of 
clay-working, and not less than two years' actual experi- 
ence in some branch of the art. He shall teach the theo- 
retical part of the subject, conduct the laboratory for the 
instruction of students, prosecute such scientific investiga- 
tions into the technology of the various clay industries as 
may be practicable, and from time to time publish the re- 
sults of his investigations in such -form that they will be 
accessible to the clay-workers of the state for the advance- 
ment of the art. (91 v. 164 § 4.) 

Section 7962. The board of trustees, of the univer- 
sity are required to establish therein, a school of mines and 
mine engineering, in which shall be provided the means for 
scientificall}^ and experimentally studying the survey, open- 
ing, ventilation, care and working of mines. Such school 
shall be provided with a collection of drawings, illustrating 
the manner of opening, working, and ventilating mines ; 
with the necessary instruments for surveying, measuring 
air, examining and testing the noxious and poisonous gases 
of mines, and with models of the most improved machinery 
for ventilating and operating all the various kinds of mines 
with safety to the lives and health of those engaged therein. 
Such school also shall be provided with complete mining 
laboratories for the analysis of coals, ores, fire-clays and' 
other minerals, and with all the necessary apparatus for 
testing the various coals, ores, fire-clays, oils, gases, and 
other minerals. (85 v. 155 § i.) 

Section 7963. The board of trustees shall employ 
competent persons to give instruction in the most improved 
and successful methods of opening, operating, surveying 
and inspecting mines, including the methods and machinery 
employed for extracting coal, ore, fire-clay, oil. ?as and 
other minerals from the pit's mouth and for facilitating 
the ascent and descent of workmen, the draining and free- 
ing of mines from water, the causes of the vitiation of air, 



COLLEGES AND UNIVERSITIES. 



i9i 



the quantities of fresh air required under the various cir- 
cumstances, natural ventilation, mechanical ventilation by 
flues and fans, and other ventilating- machinery, the use of 
air-engines, air compressors and coal cutting machinery; 
also instruction in the various uses of coals, ores, fire-clays, 
oils, gases and other minerals, and the methods of testing, 
analyzing and assaying such minerals ; and the methods 
employed in metallurgical and other processes in the re- 
duction of ores and in determining the qualities of metals, 
particularly iron and steel as shown by practical and labor- 
atory tests. There also shall be kept in a cabinet properly 
arranged for ready reference and examination, suitably con- 
nected with such school of mines, samples of the specimens 
from the various mines in the state, which may be sent for 
analysis, together with the names of the mines and their 
localities in the counties from which they were sent, with 
the analysis and a statement of their properties attached. 
Such person shall also furnish an analysis of all mmerals 
found in the statt and sent to him for that purpose by resi- 
dents thereof. (85 v. 155 § 2.) 

Section 7964. The professor occupying the chair in written anaiy- 
the chemical and mechanical department of the university, ^M^°^ f^rtii- 
upon application, shal make and give a written analysis of 
artificial fertilizers furnished to him for that purpose, (75 
V. 91 § 2.) 

Section 7965. The state dairy and food commissioner state sealer, 
shall be state sealer. The standards of weights and meas- 
ures adopted by the state shall be deposited in a suitable 
room at Columbus, and be by him kept in suitable cases, 
to be opened only for the purpose of comparing with such 
standards the copies which by law are furnished for the 
use of several counties, cities or villages, unless by joint 
resolution of the general assembly, or upon a call of either 
house for information, or by order of the governor for 
scientific purposes. The state dairy and food commissioner 
shall, upon the passage of this act, and once every three 
years thereafter, require each county auditor and city or 
village sealer, in this state, to present all standards of 
weights and measures in their possession to him for com- comparison 
parison with the standards adopted by the state, and the ^"^'^ three 
dairy and food commissioner shall condemn and destroy 
all of such standards as do not conform with the standards 
adopted by the state. Each county auditor and each city 
and village sealer shall be required to procure copies of 
all the original standards adopted by the state named in 
section seven thousand, nine hundred and sixty-six of the 
General Code, except such standards now in their pos- 
session as the state daify and food commissioner shall find 
to conform with the standards adopted by the state. It 
shall be the duty of the state dairy and food commissioner D^ty ^t dairy 
to advise and assist all county, city and village sealers, and ^^A .f°°d com- 
generally be charged with the enforcement of all laws 



192 



COLLEGES AND UNIVERSITIES. 



relating to weights and measures, and in the performance 
of such (hities he may use the services of any persons em- 
ployed under his department. The state dairy and food 
commissioner or any person employed by him for that 
purpose may try and prove any weights, measure, balance 
and any other weighing or measuring device, on request 
from any person, and when the same are found or made to 
conform to the state standards shall cause the same to be 
sealed and marked, as provided in section two thousand 
six hundred and sixteen of the General Code. 



Confiscation 
of false 
weights and 
measures. 



Copies of 
standards for 
use of 
counties. 



Section 7965-1. The state dairy and food commis- 
sioner or his deputy, or any other duly authorized sealer of 
weights and measures or his deputy, may inspect and test 
any weight, measure, balance or other w^eighing or measur- 
ing device, wherever the same is used, or maintained for 
use, and if such weight, measure, balance or other weighing 
or measuring device is found to be false or fraudulent, or 
cannot be made to conform to the legal standard, the same 
shall be condemned and confiscated by the said sealer or 
deputy sealer. 

Section 7966. Copies "of the original standards of the 
following materials, shall be procured by the state sealer 
for the use of each county in this state, not already fur- 
nished, in pursuance of law, and be delivered by him to the 
auditor thereof. One-half bushel measure, of one-eighth 
inch copper, with brass rim ; one gallon measure, of one- 
sixteenth inch copper, with brass rim and handle ; one-half 
gallon, one quart, one pint, and one-half pint measure, to 
be made in the same manner and of 'the same material ; 
fifty, twenty-five, twenty, ten, five, four, three, two and one 
pound weights, avoirdupois, to be made of castiron, turned, 
polished, and trimmed ; and one-half pound, one quarter 
pound, two ounce, one ounce, half ounce, and quarter ounce 
weights, troy, to be made of brass; one brass yard measure, 
graduated into feet, inches and tenths. (R. S. Sec. 143.) 



Device on 

county 

standards. 



Like copies 
to be fur- 
nished to 
cities and 
villages. 



Expenses. 



Section 7967. The state sealer shall cause to be im- 
pressed on each of the copies, so to be delivered to the 
counties, the letter "O," and such other device for each 
county as he directs before its deposit in the county audi- 
tor's office. Such device shall be recorded in the state 
sealer's office, and a copy thereof furnished to the auditor 
of the proper county. (R. S. Sec. 144.) 

Section 7968. The state sealer shall furnish like 
copies of the original standards to the sealer of any city or 
village upon application therefor, and payment of the cost 
thereof, by such city or village. ( R. S. Sec. 145.) 

Section 7969. The state sealer shall render accounts 
to the auditor of state of all moneys by him paid or liabili- 
ties incurred in procuring and delivering copies of the 



uy, 



COLLEGES AND UNIVERSITIES. 

Standards to the counties; and the auditor shall audit such 
accounts and draw his warrants on the state treasurer lor 
the amounts he finds due, which must be paid by the treas- 
urer out of any moneys to the credit of the general revenue 
fund. (R. S. Sec. 146.) 

Section 7970. The state sealer of weights and meas- inspection of 
ures shall have charge of all the apparatus and property, ^^yj,"'^ 
belonging to the state, intended for the inspection of illu- 
minating gas and gas meters, and the testing of the registra- 
tion of meter-provers ; he shall test the registration of all 
meter-provers that may be presented to him for that pur- 
pose, and stamp and seal all such meter-provers, so rested, 
that are found correct. For testing the registration of gas 
meter-provers, to be paid by the persons requiring such 
service, he shall be allowed the sum of five dollars for each 
meter-prover tested. (R. S. Sec. 147.) 

Section 7971. All funds derived from the sale of Funds from 
land scrip issued to this state by the United States, in pur- ^^|.? °f 'a'^d 
suance of any act of congress, together with the interest 
accumulated thereon, shall constitute a part of the irre- 
ducible debt of the starte, the interest upon which, as pro- 
vided by law shall be paid to the university by the auditor 
of state, upon the requisition of the commissioners of the 
sinking fund, issued on the certificate of the secretary of 
the board of trustees, that it has been appropriated by such 
trustees to the endowment, support, and maintenance of 
the university, as provided in sucIt act of congress. (75 
V. 126 § 8.) 

Section 7972. On the first days of January and July investment of 
in each year, the auditor of state shall invest the interest jpte'iest of 

/',,,., 1 11 • J- i'» ■ 1 scrip fund. 

arismg from the agricultural college scrip fund m the 
same manner in which the principal thereof is invested. 
(68 v. 16 § 2.) 



County- 
schools. 



Section 7973. The College of Agriculture and Do- 
mestic Science of the university shall arrange for the ex- 
tension of its teachings throughout the State, and hold 
schools in which instructions shall be given in soil fertility, 
stock raising, crop production, dairying, horticulture, 
domestic science and kindred subjects. No such school 
shall exceed one week in length, and not more than one be 
held in any county during a year. (100 v. 11 § i.) 

Section 7974. In addition to the holding of such j^structi 
schools, such college shall give instruction and demonstra- by mail, 
tions in various lines of agriculture, at agricultural fairs, 
institutes, granges, clubs, or in connection wath any other 
organizations, that, in its judgment, may be useful in ex- 
tending agricultural knowledge. The work in extension may 
also include instruction by mail in agricultural and mechan- 
ical arts, and the publication of bulletins designed to the 

13 s. L. 



194 



COLLEGES AND UNIVERSITIES. 



benefits of its teachings to communities remote from the 
college. Any common carrier is authorized and empowered 
to carry the persons employed by, and the equipment and 
exhibits used in such instruction and demonstration, free 
or at reduced rates. 



Normal and 

industrial 

department. 



Board of 
trustees. 



WILUERFORCE UNIVERSITY. 

Section 7975. A combined normal and industrial 
department shall be established and maintained at Wilber- 
force university, in Greene county, Ohio. (84 v. 127 § i.j 

Section 7976. The government of such department 
shall be vested in a board of nine trustees to be known as 
"the board of trustees of the combined normal and indus- 
trial department of Wilberforce university." Five mem- 
bers of such board shall be appointed by the governor, by 
and with the consent of the senate, and three members 
thereof shall be chosen by the board of trustees of the uni- 
versity. The president of the university shall be ex-officio 
a member of the board. The governor shall appoint one 
member of such board each year, who shall serve iive years, 
and whose term shall begin upon the tirst day of July in 
such year. Such appointment shall be made curing the 
session of the senate next preceding the beginning of such 
term. (92 v. 275 § 2.) 



Choosing of 
trustees by 
university 
board. 



Section 7977. One member of the board shall be 
chosen by the board of trustees of the university at a regu- 
lar meeting in each year, and shall hold office for the term 
of three years from the thirtieth day of ]ime in such vear. 
(89 V. 368 §3.) 



Vacancies. SECTION 7978. In casc a vacancy in that portion of 

the board appointed by the governor or chosen by the uni- 
versity board occurs from death, resignation, or other cause, 
the appointment or selection to fill such vacancy shall be 
made in the one case by the governor, and in the other by 
the executive board of the university for the unexpired 
term. (84 v. 127 § 4.) 

T,T , Section 7979. Forthwith upon a choice by the uni- 

JMames of , , / i r i • 

trustees to be versity board of a trustee, the secretary of the university 
governor.^" shall certify to the governor, under the university seal, the 
narne of the persons so chosen as trustees, and shall also in 
a like manner certify the name of the person chosen by the 
executive board at any time to fill a vacancy. (84 v. 127 
§5-) 



Meetings of 
trustees; their 
expenses. 



Section 7980. The board of trustees so created shall 
meet in regular session at the university twice a year. The 
first meeting shall be on the third Thursday in June, and 
the second on the first Thursday in November of each year. 
Other meetings may be held at such places and times as a 



COLLEGES AND UNIVERSITIES. 



I9S 



majority of the board determines. The trustees shall re- 
ceive no compensation, but shall be reimbursed their travel- 
ing and other reasonable and necessary expenses out ot ap- 
propriations under this sub-division of this chapter. (89 
V. 368 § 6.) 

Section 7981. The board of trustees shall take, keep Powers and 
and maintain exclusive authority, directions, supervision and f^^i%°^ 
control over the operations and conduct of such normal 
and industrial department, so as to assure for it the best 
attainable results with the aid secured to it from the state. 
The board shall determine the branches of industry to be 
pursued, purchase through a suitable and disinterested 
agent, the necessary means and appliances, select a superin- 
tendent for the industrial branch of the department, fix 
his salary and prescribe his duties and authority. The ex- 
penditures of all moneys appropriated for carrying out the 
purposes and provisions of this subdivision of this chapter, 
shall be made only under such regulations and for such 
specific purposes not therein provided for, as the board of 
trustees of such department establish. No money appro- 
priated by the state shall be used for any purpvj^e not in 
direct furtherance and promotion of the objects of the de- 
partment. (84 V. 127 § 7.) 



Section 7982. No sectarian influence, direction or 
interference in the management or conduct of the alTairs 
or education of such department shall be permitted by its 
board ; but its benefits shall be open to all applicants of 
good moral character and within the limitations of age 
determined by the board. ( 84 v. 127 § 8.) 

Section 7983. The treasurer of such department 
shall give to the state a bond to be approved by the attor- 
ney-general in the sum of twenty-thousand dollars con- 
ditioned that he shall faithfully discharge his duties and 
account for any money coming into his hands from the 
state. (92 V. 275 § 9.) 



Non-sectarian 
character of 
department. 



Bond of 
treasurer. 



Section 7984. Annually, on or before the first day of 
December the board of trustees shall cause their report to 
be made to the governor of the condition, progress and re- 
sults of such department, with an estimate of what appro- 
priation shall be required to secure the objects of this sub- 
division of this chapter. (84 v. 127 § 10.) 



Annual report, 
and estimate 
of appropria- 
tions. 



Section 7985. Each senator and representative of the 
general assembly of the state may designate one or more 
youth resident of his district who shall be entitled to attend 
such normal and industrial department free of tuition. 
(92 V. 275 § II.) 

Section 7986. For the purpose of carrying out the 
provisions of this subdivision of this chapter, there shall 



Designation of 
pupils by 
members of 
general as- 
sembly. 



Levy for 

Wilberforce 

university. 



196 COLLEGES AND UNIVERSITIES. 

be levied annually a tax on the grand list of taxable prop- 
erty of the state, which shall be collected in a like manner 
as other state taxes, and the proceeds of which will con- 
stitute, "the fund of the combined normal and industrial 
department at Wilberforce university." The rate of such 
levy shall be designated by the general assembly at least 
once in two years. If it fails to designate the rate for any- 
year, for the fund of the "combined normal and industrial 
department of Wilberforce university" such levy shall be 
thirty-five ten thousandths of one mill upon each dollar valu- 
ation of such taxable property. This shall be paid to the 
treasurer of the normal and industrial department at Wil- 
berforce university in accordance with the provisions hereof. 
All revenue arising from tuitions, sales of products or other- 
wise under the aforesaid department shall be applied by its 
board of trustees to defray its expenses, or to increase its 
efficiency, a strict account of which shall be kept by the 
department board, and accompany the report to the gov- 
ernor. 



CHAPTER 12. 



SCHOOLS SPECIALLY ENDOWED. 



Section 



Trustees for schools specially endowed. 
Or^nization of board; oath and bond. 
Filling vacancies; removal. 
Powers and duties of trustees. 
Contracts with board of education of 
district in which school is located. 



Section 

7992. Termination of contract if school be- 

comes sectarian. 

7993. Accounts to be rendered. 
7991. Visitors. 



Section 7987. When any person, by deed, devise, 
gift or otherwise, sets apart any lands, moneys, or effects, 
as an endowment of a school or academy, not perviously 
established, but does not provide for the management 
thereof, the common pleas court of the proper county shall 
appoint five trustees, who shall have the control and man- 
agement of the property, moneys, and effects, so set apart, 
and of the school or academy thus endowed. They shall 
hold their offices for five years, and until their successors 
are elected and qualified. But in making the first appoint- 
ment the court shall appoint one trustee for one year, one 
for two years, one for three years, one for four years, and 
one for five years. The trustees shall be a body corporate, 
with perpetual succession, and by such name as may be 
ordered by the court making the first appointment. (53 
V. 33 § I-) 

Section 7988. Lumediately after their appointment 
the trustees shall organize by appointing a president, sec- 
retary and treasurer, from their own number, and severally 
take and subscribe an oath to faithfully discharge the duties 
of trustees, and deposit it with the county auditor. Before 
taking possession of the property, moneys, or effects, con- 
stituting the endowment or trust, they severally shall give 
bond, in such sum as the court requires, with two or more 
sufficient sureties, to be approved by a judge thereof, whose 
approval must be indorsed on the bonds, conditioned for 
the faithful management of the property, moneys, and ef- 
fects, entrusted to them and accountability, therefor in such 
form as the court or judge may require. From time to 
time the court may require additional bonds and surety, as 
appears necessary for the preservation of the trust estate. 
The bonds required shall be payable to the state, and de- 
posited in the office of the county auditor for safe keeping. 
(53 V. 33 § 4-) 

Section 7989. Such court annually shall appoint one 
trustee, to fill the vacancy then occurring; and at any other 
time fill vacancies that occur from an}'- cause, for the un- 
expired term, Upon sufficient cause shown, reasonable 

197 



Trustees for 
schools spe- 
cially en- 
dowed. 



Organization 
of board; 
oath and 
bond. 



Filling va- 
cancies; re 
moval. 



198 



SCHOOLS SPECIALLY ENDOWED. 



notice of the time and place of hearing having been given 
to the party interested, such court may remove a trustee, 
and, until a heating be had, suspend him in the exercise of 
his office. (53 v. 33 § 2.) 



Powers and 
duties of 
trustees. 



Section 7990. From time to time, trustees may es- 
tabhsh rules and regulations for the management and safe- 
keeping of the property, moneys, and effects, belonging to 
the trust, and the expenditure of the income thereof, and 
also for the management and government of the school g)r 
academy; which must be consistent with the terms of the 
deed, devise or gift, creating the endowment, and with the 
laws of this state. They shall not, at any time, or for 
any cause, incur any debt or liability, beyond the net in- 
come of the trust property, moneys, and effects, or use or 
appropriate it otherwise than to invest for the purposes of 
income, any part of the principal thereof, unless expressly 
authorized so to do by the terms of the deed, devise or 
gift, creating the endowment of trust. (98 v. 206 § 3.) 



Contracts 
with board 
of education 
of district in 
which school 
is located. 



Section 7991. The trustees of any school heretofore 
established under the provisions hereof, and in no way con- 
nected with any religious or other sect, and the board of 
education of the district in which such school is situated, 
may make contracts whereby such trustees . receive into the 
school pupils from such district, who shall receive such 
instruction as is, or may be, provided by law for public 
schools in this state. In consideration of such service by 
such trustees, such board, under the general restrictions of 
the H\v relating to common schools, in so far as they are 
aonlicaljle are not inconsistent herewith, may contribute to 
the maintenance of such school, and pay such part of the 
costs of the erection of additional buildings, and upon such 
,c(~)nditions, not inconsistent with the deed, devise or gift 
under which the school is established, as is agreed upon by 
such board and such trustees. (98 v. 206 § 3.) 



Termination 
of contract if 
school be- 
comes sec- 
tar. an. 



Section 7992. But after the making of such con- 
tract if such school becomes sectarian or in any way con- 
nected with any religious or other sect the contract there- 
upon shall terminate. When, for such cause, a contract 
terminates, no right, title, or interest in or to any building 
toward the cost of which the board of education contributed 
shall pass to the trustees until full compensation has been 
made to the board for the contribution made by it to the 
construction of such building. (98 v. 206 § 3.) 



.\ccoiinfs ti 
I c rendered. 



Section 7993. On the second Monday of September, 
in each year, and at such other times as the court requires, 
the trustees shall render a full and accurate account, state- 
ment, and exhibit, of the condition of the school or academy 
under their management, and the condition of the trust 
estate and funds ; and cause it to be published in sijch forni 



SCHOOLS SPECIALLY ENDOWED. I99 

as the court directs. Such account, statement, and exhibit, 
shall be sworn to by the president, secretary, and treasurer, 
or two of them. (53 v. 34 § 5.) 

Section 7994. The common pleas court of the proper visitors. 
county, annually, at the first session after the second Mon- 
day in September, shall appoint three competent and dis- 
interested persons, who may visit any such school or ■ 
academy, examine it together with the condition of the trust 
estate or endowment, and shall report thereon to such court. 
The court shall also authorize such other visitations and 
examinations as appear to be necessary. (53 v. 34 § 6.) 



PRIVATE CORPORATIONS 



CORPORATIONS NOT FOR PROFIT 



CHAPTER 3. 



EDUCATIONAL. 



9923. 

99?4. 
9925. 
992fi. 
C9'7. 
9928. 
9929. 
9930. 

9931. 
99.32. 
P933. 
9P3I. 

993.'). 
S93fi. 
9937. 
P938. 
9 '-■'9. 
99J0. 
f9n. 
R9i2. 
99J3. 
9941. 

99J,3. 

9946. 
r917. 
r9lf!. 
9.)J9. 

99.50. 

9P.51 . 

9953. 



9955. 



e appointed and de- 
il with secretary of 



of 



Section 

9922. When officers ma 
grees conferrei 

Certificate to l)e 
state. 

May hold donated property in trust. 

Who to const'tute f-culty; powers. 

May acquire machinery and land. 

May change stock iito scholarships. 

Location may be clianged. 

How endowment fund diverted. 

Vacancies, caused by amendment 
charter. 

May increase property. 

Borrowing money aivl issuing bonds. 

S:atement to be filed. 

Plow certain boar !s may be constituted 
and governed. 

Trustees to be diviilcd into classes. 

Term of office of trustees; vacancies. 

When board enlarp'^d. 

When number in cl-'Si reduced. 

pTow a conference m-iy become a patron. 

Patronizing holies may appoint visitors. 

When right of repr s;ntation ceases. 

Action to be taken by board. 

Quorum; how constituted. 

Who n^av have benefit of subsequent 
provisions. 

Alumni may elect trustees and appoint 
visitors. 

Conduct of election. 

Returns and certificates of election. 

Endowment fund corporations. 

How certain boards constituted and 
governed. 

Increase in number of trustees in cer- 
tain corporation.;. 

Colleges under ecclesiastical patronage. 

How existing corporations may avail 
themselves of the provisions. 

Copy of acceptance to be filed with sec- 
retary of state. 

Number of trustees and classes. 

Election; term; vacancies; increase of 
board. 



Section 



9956. 
9957. 
9958. 
9959. 
99fin. 
9961. 
99G2. 
9963. 
9934. 

9965. 



9907. 

9968. 
9969. 
9970. 
9971. 
9972. 

9973. 
9974. 
9975. 
9976. 
-9977. 

9978. 

9979. 
99fO. 
9981. 
r9S2. 
9983. 



9985. 
9986. 
90^7. 
9988. 
9989. 



Assessments. 

Meeting of stockholders; notice. 

How amount of assessment fixed. 

Limit of assessment and collection. 

Board of military academies. 

Board of visitors. 

Duties of board of visitors. 

How term of trustees fixed. 

Certain corporations may change loca- 
tion. 

Sale and distribution of property of cer- 
tain corporations. 

Certain colleges may file charter and 
amend. 

Copy of amendment to be filed with sec- 
retary of state. 

Fee of secretary of state. 

Colleges may change name or purpose. 

Procedure and effect. 

Fees of secretary of state. 

Organic rule mav be prescribed in ar- 
ticles of certain corporations. 

May add to original objects. 

Acceptance of statutory provisions. 

Acounts of receipts and disbursements. 

Trustees ineligible to other office. 

Attorney-general may enforce duties of 
officers. 

]\Iay increase number of trustees of cer- 
tain corporations. 

Distribution of new members. 

Stock corporations may retire stock. 

Cancellation by decree of court. 

Mechanics' institute may borrow money. 

L'ability of directors and trustees. 

How medical colleges may receive bodies 
for dissection. 

Body to be delivered to claimant. 

Interment of bodv after dissection. 

Notification of relatives. 

Body of strangers or travelers. 

Liability for having unlawful possession 
of body. 



Wlien officers 
mav be ap- 
pointed and 
degrees con- 
ferred. 



Section 992*2. When" a college, university, or other 
institution of learning incorporated for the purpose of 
promoting education, religion, morality, or the fine arts, 
has acquired real or personl property, of twenty-five thou- 
sand dollars in value, has filed in the office of the secretary 
of state a schedule of the kind and value of such property, 
verified by the oaths of its trustees, such trustees may ap- 
point a president, professcirs. tutors, and any other neces- 
sary agents and officers, fix the compensation of each, and 
enact such by-laws consistent with the laws of this stat^; 

200 



EDUCATIONAL. 201 

and the United States, for the government of the institu- 
tion, and for conducting the affairs of the corporation, as 
they deem necessary. On the recommendtion of the 
faculty, the trustees also may confer all the degrees and 
honors conferred by colleges and universities of the United 
States, and such others having reference to the course of 
study, and the accomplishments of the student, as they 
deem proper. (R. S. Sec. 3726.) 

Section 9923. But no college or university shall con- Certificate, to 
fer any degree until the president or board of trustees secretary^of 
thereof has filed with the secretary of state a certificate ^^^*^- 
issued by the state commissioner of common scnools that 
the course of study in such institution has been filed in his 
office, and that the equipment as to faculty and other facili- 
ties for carrying out such course are proportioned to its 
property and the number of students in actual attendance 
so as to warrant the issuing of degrees by the trustees 
thereof. (R. S. Sec. 3726.) 

Section 9924., A university, college, or academy, or May hold do- 
the trustees thereof, may hold in trust any property devised, "^*t^uP/°P^^'^ 
bequeathed or donated to such institution, upon any spe- 
cific trust consistent with the objects of the corporation. 
( R. S. Sec. 3727.) 

Where a subscription is made in writing and accepted, and liabilities 
are incurred on the faith of it, its collection cannot be defeated on the 
ground of the supposed want of a valuable or legal consideration. 16 
O. S., 20. 

Section 9925. The president and professors shall Who to con- 
constitute the faculty of any incorporated literary college powers. ^*^" ^' 
or university, may enforce the rules and regulations en- 
acted by its trustees for the government and discipline of 
the students, and suspend and expel offenders, as they deem 
necessary. (R. S. Sec. 3728.) 

Section 9926. Any incorporated university, college. May acquire 
or academy my connect therewith, to be used as part of f^d^i^^d! 
its course of education, mechanical shops and machinery, or 
lands for agricultural purposes not exceeding three hundred 
acres, to which may be attached all necessary buildings for 
carrying on the mechanical or agricultual operations of 
such institution. (R. S. Sec. 3729.) 

Section 9927. Any company formed in pursuance of May change 
this title or which exists by virtue of a special act of incor- scho'iarsWps. 
poration, the property of which, is held as stock, and not 
derived by donation, gift, devise, or g^ratuitous subscription, 
may change its capital stock into scholarships when it be- 
comes necessary for the purpose of carryins;- out the obiect 
for which it was formed, in the mode provided in this title 
for increasing the capital stock of corporations, (R, S. 
Sec. 3730.) 



202 



EDUCATIONAL. 



Location may 
be changed. 



Section 9928. A college, university or other institu- 
tion of learning, existing by virtue of an act of incorpor- 
ation, or that hereafter becomes incorporated for any oi 
the purposes specified in this chapter, if three-fourths of 
the trustees or directors thereof deem it proper, or if the 
institution is owned in shares, or by stock subscribed or 
taken, by a vote of the holders of three-fouths of the stock 
or shares, may change the location of such institution con- 
vey its real estate, and transfer the effects thereof, and in- 
vest them at the place to which such institution is removed. 
No such removal shall be ordered, and no vote taken 
thereon, until after publication in the manner provided by 
Jaw in case of a sale and distribution of the property of 
such an institution, in which notice shall be fully set forth 
the place to which it is proposed to remove the institution. 
In case of removal, a copy of the proceedings of such meet- 
ing shall be filed with the secretary of state. (R. S. Sec. 
373I-) 



How endow- 
ment fund 
diverted. 



Section 9929. The trustees of a corporation incor- 
porated to create, hold and manage a college endowment 
fund, the articles of incorporatton of which provide that 
the fund may be applied to any object not inconsistent with 
the purposes of education different from that particularly 
specified therein, may apply to the common pleas court in 
the county where the corporation is located for permission 
to make such change, designating particularly the purposes 
to which it is proposed to apply the fund. On being satis- 
fied that such change is not inconsistent with the object of 
the original creation and institution of the fund, the court 
shall authorize and sanction it. (R. S. Sec. 3732.) 



Vacancies 
caused by- 
amendment of 
charter. 



Section 9930. When a vacancy occurs in whole or 
part, in the board of trustees of an incorporated college, 
seminary, or academy, by reason of an amendment of the 
charter thereof, or from other cause, and there is.no pro- 
vision of law for filling it, within three months after re- 
ceiving information thereof, the governor shall appoint 
the required number of trustees, one-third thereof to serve 
for one vear, one-third for two 3^ears, and one-third for 
three years. (R. S. Sec, 3733.) 



May increase 
property. 



Section 9931. A college, university, academy, semin- 
arv, or other institution devoted to the promotion of educa- 
tion, existing by virtue of a special act of incorporation, or 
organized under the provisions of any law, whose property 
came and is held l:)v donation, gift, purchase, devise, or 
gratuitous subscription, and the amount of which, or the 
income arising therefrom is limited b}^ such special act, or 
ilic articles of association adopted by such institution, may 
receive, acquire, possess and hold any amount of property, 
real, personal or mixed, which its board of directors or 
trustees, for the institution accepts, and by its trustees^ sell; 



EDUCATIONAL. 



203 



dispose of and convey it. But such property shall not be 
diverted from the express will of the donor, devisor or sub- 
scriber. (R. S. Sec. 3734.) 

Section 9932. The board of trustees of such a col- 
lege, university, academy, seminary, or other institution 
devoted to the promotion of education, in anticipation of 
donations to be received and collections to be made, for 
the purpose of constructing, enlarging or adding to college 
buildings or improvements, may borrow such sum of money 
as they determine to be necessary therefor, and issue bonds 
for it and secure them by a mortgage upon the property on 
which such improvement is to be made, if the property is 
not held by them under some specific trust. (R. S. Sec. 
3734-) 



Borrowing 
money and 
issuing 
bonds. 



Section 9933. Before such an institution shall be statement 
authorized to acquire and hold additional property, the trus- *° ^^ ^^^^■ 
tees thereof, at a regular meeting of. their boara, or at a 
special meeting called for that purpose, from time to time 
shall make and sign a statement specifying the amount of 
additional property which they seek to acquire and hold 
and set forth therein the purposes to which it is to be de- 
voted, which statements shall be entered at large upon the 
record book of the trustees and be filed in the office of the 
secretary of state. (R. S. Sec. 3735.) 

Section 9934. The board of trustees of a university How certain 
or college heretofore incorporated, and now under the pat- consdtuteY ^^ 
ronage of four or more conferences or other religious and governed, 
bodies of any religious denomination, may accept the pro- 
visions of this and the nine succeeding sections, by resolu- 
tion adopted at a regular meeting of the board, and entered 
upon the record of its pro'"iedings. After such acceptance 
the board in all respe_LS shall be organized, constituted, 
regulated, and perpetuated, under and pursuant to such 
provisions. No right acquired by such board, university or 
college, under its charter, or any law of this state, shall in 
any way be affected thereby. (R, S. Sec. 3736.) 

Section 9935. At a meeting of such board held after Trustees to 
a vacancy occurs therein it shall fill it, or if more than oi^e fnto'^'j/^sses 
vacancy has occurred, then one of them, by appointing the 
president of the university or college a trustee, • and the 
l^resident of such university or college, shall, ex-officio, be 
a trustee perpetually thereafter. At such meeting the board 
also shall divide its number, excluding such president, and 
including all vacancies except the one he is so appointed to 
Pill, into classes, corresponding in number to the number of 
conferences or other religious bodies at the time patron- 
izing such university or college, such classes to have in each 
an enual number of trustees, as near as may be and assign 
one of such classes to each of the conferences or other 



204 



EDUCATIONAL. 



Term of of- 
fice of trus- 
tees; vacan- 
cies. 



When board 
enlarged. 



When num- 
ber in class 
reduced. 



Hnw a con- 
f' rence may 
brcome a 
patron. 



religious bodies, who thereafter may fill all vacancies in the 
class so assigned to it. (R. S. Sec. 3737.) 

Section 9936. When such classes of trustees are 
formed, the term of ofifice of one of the trustees in each 
class, to be selected by lot in open session of the board of 
trustees, shall expire each year, and the persons thereafter 
elected as trustees shall act as such for a term of years 
equal in number to the number of trustees in any class, ex- 
cept as hereinafter provided. The term of office of a trus- 
tee shall not expire during a meeting of the board which 
does not continue for more than two weeks ; and vacancies 
which occur in any class of trustees otherwise than by the 
expiration of term of office shall be filled only for the re- 
mainder of the term. (R. S. Sec. 3738.) 

Section 9937. If the number of the conferences or 
other religious bodies patronizing such university or college, 
the board of trustees of which has been divided into classes 
as hereinbefore provided, be increased to not exceeding 
six, the board of trustees shall be enlarged to the extent 
of one additional class of trustees for each of such addi- 
tional conferences or other religious bodies, such additional 
classes to have in each a number of trustees equal to 
the number in any one of the former classes. Each of 
such additional conferences or other religious bodies may 
elect as members of the board, the number in its class, one 
for one year, one for two years and one for three years, 
and so on to the extent of the number; and each also fill 
any vacancy in its class. Such board of trustees, composed 
according to the foregoing provisions, and as provided in 
section ninety-nine hundred and forty-five, without regard 
to the number of members so composing it, may increase its 
own numbers by the election of trustees at large, not ex- 
ceeding the number of conf eren^ -'s or other religious bodies 
co-operating with or patronizing such university or college, 
and divide such trustees at large into classes, at its discre- 
tion. (R. S. Sec. 3739.) 

Section 9938. If the number of such patronizing 
conferences or other religious bodies at any time exceeds 
six, the representation of each shall be reduced by lot, in 
open session of the board of trustees, to a class /of three 
trustees, if they exceed that number, who thereafter shall 
be elected to serve as trustees for the term of six years, 
and in that case the term of office of one trustee in each 
class will expire every second year. (R. S. Sec. 3740.) 

Section 9939. A conference or other religious body, 
not patronizing a particular university or college, may be- 
come such patronizing conference or religious body, by and 
with the consent of the conferences or other religious bodies 
at the time patronizing such university or college. (R. S- 
Sec. 3741.) 



EDUCATIONAL. 



205 



Section 9940. Each conference or other religions body patronizing 
patronizing a particular university or college, annually may ^ppo^nt™^^ 
appoint two visitors, and the board of trustees of a col- visitors. 
lege or university, at the time of its organization, by resolu- 
tion, adopted and entered on its records may provide for 
the appointment of two visitors by each conference or other 
religious body patronizing such college or university. Such 
visitors shall attend the meetings of the board of trus- 
tees of such university or college, and, with the trustees, 
constitute a joint board for the appointment and removal 
of all officers, professors, and instructors of the university 
or college. (R. S. Sec. 3742.) 

Section 9941. If a conference or other religious body ^y^en right of 
patronizing a university or college, and having a representa- representation 

, . - - - • • CC2SCS. 

tion m its board of trustees, ceases to exist, or to patronize 
such institution, the right of such conference or other re- 
ligious body to such representation shall cease, and its board 
of trustees be thereby and to that extent reduced in num- 
bers. (R. S. Sec. 3743.) 

Section 9942. Before a conference or other religious Action to be 
body not represented in the board of trustees of a univer- ^^^^^ ^^ 
sity or college shall be entitled to be represented therein, and 
before a conference or other religious body represented 
therein shall be deprived of such representation as provided 
in the next preceding section, the board shall declare, and 
enter in the record of its proceedings, that the conditions 
and contingencies hereinbefore provided for in that behalf 
have taken place. (R. S. Sec. 3744.) 



Section 9943. Eleven trustees shall constitute a 
quorum of the board of any such university or college, 
whatever the number of trustees if more than twenty is or 
may become ; but when the number is twenty or less, a ma- 
jority thereof shall constitute a quorum. (R. S. Sec. 3745.) 



Quorum; how 
constituted. 



Section 9944. The board of trustees of a university who may have 
or college which has accepted or accepts the provisions of sequent °^ro"'^" 
the ten preceding sections, may accept the provisions of the visions, 
three succeeding sections by resolution adopted at a regular 
meeting thereof, and entered upon the record of its pro- 
ceedings. Thereafter the board, and the university or col- 
lege, shall be subject to the provisions of such sections. 
(R. S. Sec. 3746.) 



Section 9945. After such acceptance by the board of Aiumni may 
a university or college, the alumni thereof composing its elect trustees 
alumni association, may elect as members of the board of visitors. 
trustees of such college or university, members of such as- 
sociation, in numbers equaling the numbers of the confer- 
ences co-operating with or patronizing such university or 
college, and divide such alumnal trustees into classes, and 



206 



EDUCATIONAL. 



Conduct of 
election. 



Returns and 
certificates of 
election. 



perpetuate them. At the same time such ahmmi may elect 
as visitors members of their association equahng in num- 
bers one-half of the numbers of the conferences or other 
religious bodies co-operating with or patronizing such uni- 
versity or college, who shall have the same powers and 
duties as visitors appointed by such conference or other 
religious body. When women are members of the alumnal 
association so electing, they shall be elgible as visitors. 
The board of trustees shall be judge of the validity of the 
election and the returns thereof, of trustees and visitors 
elected under this section. (R. S. Sec. 3747.) 

Section 9946. The election of trustees and visitors 
by the alumni shall be by ballot, and held each year, begin- 
ning the year after such acceptance, on the secular day 
next before the day of commencement of such university 
or college, at such place in a building on its grounds as is 
designated by the president of the alumnal association by 
written notice posted the day before the election in at least 
two public places on such grounds. The polls shall be 
opened at the hour named in such notice, which shall not 
be later than three o'clock afternoon, and be kept open for 
two hours thereafter. The election shall be conducted by 
three judges and two clerks, who are members of the asso- 
ciation and chosen by the members present at .the place of 
voting at the time for opening the polls. They shall cer- 
tify to the board of trustees the result of such election, with 
a list of the members voting thereat. Each ballot shall con- 
tain the names of the persons voted for, the office which 
each is to fill and a designation of the term for which he 
is to serve. At such election all members of the alumnal 
association of such university or college shall be entitled to 
vote. Members not in attendance may exercise their right 
by sending ballots conforming to the foregoing provisions, 
with their names thereon indorsed, and addressed under 
seal to the president of such association. (R. S. Sec. 3748.) 

Section 9947. After the polls are closed the result 
shall be ascertained and certified to by the judges and 
clerks, and the person or persons, not exceeding the num- 
ber to be elected, who received the highest number of votes 
therefor, shall be declared elected as trustee as designated 
on the ballot. The two persons who receive the highest 
number of votes for visitors shall be declared elected, but 
their terms of office shall not begin until after the final 
adjournment of the regular meeting of the trustees for that 
y^ar. If any two or more persons receive an equal number 
of votes for trustee or visitor, one of them, as is determined 
by lot by the judges, in the presence of all the electors who 
wish to be present, shall be the trustee or visitor, and be so 
declared. Duplicate certificates of election shall be signed 
by the judges and clerks, and delivered by them, one to 
each of the persons elected, and the other, with the poll- 
books duly certified by the judges and clerks, to the secre- 



EDUCATIONAL. 



207 



tary of the board of trustees of the university or college, 
the next day after the election, which certificate he shall 
enter of record in the book containing the proceedings of 
the board of trustees. (R. S. Sec. 3749.) 

Section 9948. - The trustees of a corporation, incor- Endowment 
porated for the purpose of creating a fund, the income of rationsr^°" 
which is to be applied to the promotion of education, may 
receive subscriptions for membership in the corporation, 
and they, or a majority of them, by giving ten days' notice, 
by publication in the county where the corporation is 
located, may call a meeting of members to adopt by-laws, 
and elect not more than nine directors. Each member shall 
have a vote for every amount by him subscribed equal to 
that in the articles of incorporation specified as necessary 
for membership, which may be cast in person or by proxy, 
but at no subsequent meeting can a member vote for or be 
eligible as a director who is in arrears to the corporation. 
The trustees shall control the funds and disburse the in- 
come of the corporation as provided by its by-laws. (R. 
S. Sec. 3750.) 

Section 9949. The board of trustees of a university. How certain 
college or other institution of learning, incorporated, and st°ituted'^an'd 
acting under the patronage of one annual conference or governed, 
other religious body of a religious denomination, may ac- 
cept the provisions of this and the succeeding section, by 
resolution adopted at a meeting of the board, and entered 
upon the record or journal of its proceedings. After such 
acceptance the board shall be organized, constituted, regu- 
latde, and perpetuated as therein provided. No right ac- 
quired by such board, university, or other institution of 
learning, under its charter, or any law of this state, shall 
be impaired or affected thereby. (R. S. Sec. 3751.) 



Increase in 



Section 9950. The board of trustees of a university i^ 
or college heretofore incorporated, and now under the pat- nu«»ber of 

f- J- ^ .. ^ • • trustees m 

one annual conierence, synod or other religious certain cor- 

body of a religious denomination, may increase the num- p°''^*'°"s- 
her of its trustees, not exceeding six. Such additional trus- 
tees shall be nominated by the collegiate alumni of the uni- 
versity or college from the collegiate alumni of three years' 
standing for appointment or election by such patronizing 
conference or synod, under such regulations as are pre- 
scribed by such board, if it determines to increase the num- 
ber of its trustees and makes such regulations for their 
nomination, by resolution adopted at a regular meeting of 
the board and duly entered on the record- of its proceed- 
ings, and, such patronizing or governing conference or 
synod consents to the increase and the rules and regula- ■ 
tions for their nomination. And after such board is so in- 
creased by not exceeding six additional trustees, in all re- 
spects it shall be organized, constituted, regulated and per- 



208 



EDUCATIONAL. 



Colleges under 

ecclesiastical 

patronage. 



])etuatc(l ])ur.suant to and under its charter, and such pro- 
visions. .W) rights accjuired by such a board, university or 
college, under its charter or any law of this state, shall be 
affected or impaired thereby. (R. S. Sec. 3751a.) 

Section 9951. A corporation may be formed for the 
promotion of academic, collegiate or university education, 
under religious influences, may set forth in its articles or 
certificate of incorporation, as a part thereof, the name of 
the religious sect, association or denomination with which 
it is to be connected, and grant any ecclesiastical body of 
such religious sect, association or denomination, whether it 
be a conference, association, presbytery, synod, general as- 
sembly, convocation or otherwise, the right to appoint its 
trustees or directors, or any number thereof. It also may 
set forth in its articles or certificate such other rights as to 
the administration of the purpose for which it is organized, 
consistent with the laws of this state and of the United 
States, as the incorporation desires to confer upon the 
ecclesiastical body of such sect, association or denomina- 
tion, and that body may exercise all rights and powers set 
forth therein. (R. S. Sec. 3751b.) 

Section 9952. A corporation formed for the promo- 
tion of academic, collegiate or university education, under 
religious influences, incorporated under the laws of this 
state, by special act or otherwise, may avail itself of the 
provisions of the preceding section, as a part of its articles 
or certificate of incorporation, and may confer on an 
ecclesiastical body of such religious sect, association or de- 
nomination, it is or proposes to be connected with, whether 
it be a conference, association, presbytery, synod, general 
assembly, convocation or otherwise, any or all of the rights, 
powers or privileges by such section allowed to be con- 
ferred on corporations hereafter organized, and may accept 
the provisions by a vote of the majority of its trustees at 
•any regular meeting. (R. S. Sec. 3751c.) 

Copy of ac- Section 9953. When so accepted, a copy of the ac- 

ceptance to be ceptance, certified by the secretary or clerk of its board of 
retar/of ^^'^' trustccs Or directors, shall be sent to the ecclesiastical body 
^*^*^* with which it is or proposes to be connected. If such body 

agrees to accept the powers proposed to be conferred upon 
it, it shall certify its approval upon the certified copy so 
sent, and it thereupon shall be filed in the office of the sec- 
retary of state. When thus filed it will be a part of the 
charter of such corporation, and such ecclesiastical body 
shall exercise all the rights and powers so set forth in the 
articles or certificate of corporation. (R. S. Sec. 3751c.) 

Number of SECTION 9954- After such acceptance the board shall 

classed ^"*^ certify it to the patronizing conference or other religious 

body having the right to elect or appoint trustees of such 

university or other institution of learning, at the next meet- 



How existing 
corporations 
may avail 
themselves of 
the pro- 
visions. 



EDUCATIONAL. 



209 



ing of such conference or other reHgious body ; and there- 
after the board shall consist of twenty-one trustees elected 
or appointed, and the president of such university or other 
institution of learning, who shall be ex-oificio a member 
thereof. Such elected or appointed trustees shall be divided 
into three classes of seven members each. (R. S. Sec. 

Section 9955. At the first election or appointment Election; 
after such acceptance, one of such classes shall be elected or candesl^in- 
appointed for one )'-ear, one for two years and one for crease of 
three years. In subsequent elections or appointment each of 
the classes of trustees shall be elected or appointed for three 
years. No term of. office of such a trustee shall ex- 
pire during a meeting of the board which does not con- 
tinue more than two weeks. Ten members of the board 
shall' constitute a quorum. Vacancies which occur in any 
class of trustees otherwise than by expiration of the term 
of offiice shall be filled only for the remainder of the term. 
Such a university or other institution of learning which 
heretofore accepted the provisions of sections ninety-nine 
hundred and forty-nine, ninety-nine hundred and fifty-four 
and ninety-nine hundred and fifty-five, may increase its 
board of trustees by electing or appointing two additional 
members in each of the classes of trustees herein provided 
for. (R. S. Sec. 3752.) 

Section 9956. The proportion that each stockholder Assessments, 
of a college, academy, university, seminary, or other insti- 
tution for the promotion of education, shall be required to 
pay to meet the debts and liabilities of the corporation, may 
be determined and collected in the manner provided by the 
three succeeding sections. (R. S. Sec. 3753.) 



Section 9957. The trustees of such a corporation Meeting of 
desiring to avail themselves of such provisions shall call a notke.° ^"' 
meeting of the stockholders for the purpose of determining 
what amount of its indebtedness shall be paid by each 
stockholder, and give thirty days' notice to the stockholders, 
in writing or by publication in some newspaper of general 
circulation in the county where the corporation is located, 
of the time place, and purpose of the meeting, at which 
also, the trustees shall submit a detailed statement showing 
the assets and indebtedness of the corporation. (R. S. Sec. 
3754-) 

Section 9958. A majority in interest of the stock- How amount 
holders present at such meeting may determine what amount gxed^^^^^™^"*^ 
of the indebtedness; of the corporation is to be paid by each 
stockholder, and fix the tune and mode for the payment 
of the monev assessed against each stockholder. But these 
T^rovisions shall not interfere with or abridge the right of a 
creditor of the corporation to institute any proceedings 

14 s L. 



210 



EDUCATIONAL. 



Limit of as- 
sessment and 
collection. 



Board of mil- 
itary acad- 
tinies. 



authorized by law to enforce the Habihty of stockholders. 
(R. S. Sec. 3755.) 

Section 9959. The assessment shall be pro rata upon 
the stock subscribed or otherwise acquired by each stock- 
holder, and in no case ^hall exceed the amount for which 
each stockholder is or may be liable by law. A stockholder 
who fails to pay the amount so assessed against nim, shall 
be liable in a civil action to be brought in the name of the 
corporation, for the recovery thereof, as in other cases of 
indebtedness. (R. S. Sec. 3756.) 

Section 9960. The academic board of an institution 
incorporated for military and polytechnical education shall 
consist of the superintendent thereof, the commandant of 
cadets, and the professors. It may make and enforce rules 
and regulations for the government of cadets, but they first 
shall be submitted to and approved by the governor of the 
state. (R. S. Sec. 3757.) 



Board of 
visitors. 



Section 9961. The board of visitors of such an in- 
stitution shall consist of the governor, who shall be ex- 
officio a member and the president of the board, of two 
other persons to be named bv him, and such other persons 
as the superintendent of the institution appoints. (R. S. 
Sec. 3758.) 



Duties of 
board of 
visitors. 



Section 9962. The board of visitors shall meet at the 
institution, on the first day of the annual commencement 
exercises, and examine into the condition of the classes, 
quarters, and commons, the discipline, drill, records of 
standing in study, and conduct of the cadets, and report 
thereon to the legislature at its next session. The board of 
visitors, or any member thereof, may visit and inspect the 
institution at any time. (R. S. Sec. 3759.) 



How term of 
trustees fixed. 



Section 9963. At a regular meeting for the election 
of directors or trustees of a college or other institution of 
learning, the authorized voters may determine by vote, 
whether the election of directors or trustees shall be held 
annuall}', if the term of their election is for a longer period 
than one year, and also what proportion of the entire board 
shall be so elected. At the first election hereunder the 
voters shall designate upon their ballots who shall serve for 
one vear, who for two 3^ears, and who for three years. 
Vacancies caused by expiration of term of office shall be 
filled by election annually thereafter. (R. S. Sec. 3760.) 



Certain eor- 
porations may- 
change loca- 
tion. 



Section 9964. The trustees of colleges and other in- 
stitutions of learnine not endowed by voluntary contribu- 
tions, established under special acts of incorporation, and 
which, by the provisions thereof are located at particular 
places, may change their location to such other places as 



EDUCATIONAL. 211 

they deem proper and erect and maintain academies and 
other schools auxiliary thereto. (R. S. Sec. 3761.) 

Section 9965. The trustees of a university, college, saie and dis- 
or other institution of learning, incorporated by authority pVoperty of 
of this state under special charter, owned in shares or stock certain cor- 
subscribed or taken, may dispose of its property at public ^°^^ '°"^" 
sale, on such terms as to payment as the stockholders by a 
vote of three-fourths of the shares or stock of the institu- 
tion, direct, after giving public notice thereof, by publica- 
tion, for six consecutive weeks in some newspaper pub- 
lished in the county where the institution is located. Such 
notice shall contain a full statement of the terms, time and 
place of sale, and such action of the trustees. The trustees 
may close up the corporate, existence of such institution, 
and make an equitable division and distribution of the pro- 
ceeds of the sale among all the holders of shares or stock, 
after the payment of its just debts. (R. S. Sec. 3762.) 

Section 9966. The trustees of any university, col- Certain col- 
lege or institution of learning, incorporated under author- chlrter"and^^^ 
ity of this state, owned in shares of stock subscribed and amend, 
paid up in full, by a majority of the owners of such stock. 
for the sole purpose of promoting education, religion and 
morality, or the fine arts, exclusively among males or 
females, on the written petition of the owners of a major- 
ity of such stock filed before its trustees or on the vote of 
the owners of the majority of such shares of paid up stock 
at any general meeting of the stockholders called for such 
purpose, after thirty days' notice published in some news- 
paper published and of general circulation in the county, 
by them, may change the name and enlarge the purposes 
and objects of such university, college or institution, by 
amendments to its charter, approved by the owners of the 
majority of such stock, so that all the educational rights 
and privileges thereof may be bestowed in the co-equal and 
co-ordinate education of both sexes. (R. S. Sec. 3762a.) 

Section 9967. When such amendment is adopted and Copy of 
the original articles of incorporation of such corporation b?fikd"w?th*° 
have not been filed and recorded in the office of the secre- g^^l^^''^ °^ 
tary of state, a copy of the amendment and of the original 
articles, with a certificate to each of them thereto affixed, 
signed by the president and secretary of the corporation, 
and sealed with the corporate seal, if any there be, stating 
the fact and date of the adoption of such amendment, and 
that such copy thereof and of the original articles of in- 
corporation are true copies of the originals shall be re- 
corded in such office. When so recorded, such amendment 
shall be in law the sole articles of incorporation of the cor- 
poration. The property, real and personal, corporate fran- 
chises, and endowment funds, gifts, bequests, legacies, or 
mortgage securities, promissory notes, and rights of every 



212 



EDUCATIONAL. 



kind belonging to, vested in, claimed, or possessed by the 
original corporation, by such amendment shall pass to, and 
be enjoyed and exercised by the corporation named, created 
and organized by such amendment for the promotion of all 
the objects and purposes of its creation and organization. 
(R. S. Sec. 3762a.) 



Fee of secre- 
tary of state. 



Section 9968. For recording such amendments and 
copies of original articles of incorporation, and furnishing 
a certified copy or copies thereof, the secretary of state 
shall receive a fee of twenty cents per hundred words, to 
be in no case less than five dollars. (R. S. Sec. 3762a.) 



Colleges may 
change name 
or' purpose. 



Section 9969. The board of trustees of a university, 
college, or institution of learning, incorporated under au- 
thority of this state, for the sole purpose of promoting 
education, religion and morality, or the fine arts, at a regu- 
lar or special meeting of such board of trustees, called for 
that purpose, after thirty days' actual notice to each and all 
such trustees, may change the name and enlarge the pur- 
poses and objects of such university, college or institution 
of learning, by amendment to its charter, approved by a 
majority of the board at such regular or special meeting, 
so called and so notified, for such change of its name, and 
the enlargement of its purposes and objects. (R. S. Sec. 
3762b.) 



Procedure and 
effect. 



Section 9970. When such amendment is so adopted 
by the board of trustees of such university, college or in- 
stitution of learning, a copy thereof with a certificate 
thereto affixed, signed by the president and secretary of 
such board and sealed with the corporate seal, if any there 
be, stating the fact and date of such amendment, and that 
such copy is a true copy of the original amendment, shall 
be filed and recorded in the office of the secretary of state, 
and when so filed and recorded such amendment shall be in 
law an integral part of the articles of incorporation of 
such corporation. The property, real, and personal, cor- 
porate powers and franchises, endowment funds, gifts, be- 
quests, legacies, mortgage securities and promissory notes, 
belonging to, such original corporation, by such amendment 
shall pass to, and be enjoyed and exercised by the corpor- 
ation created and organized by such amendment for the 
promotion of the objects of its creation and organization. 
Such new corporation shall be liable for and must perform 
all the lawfu'l obligations and contracts of the original cor- 
poration. (R. S. Sec. 3762b.) 



l*"et-s of secre- 
tary of state. 



Section 9971. For recording such amendment and 
furnishing a certified copy or copies thereof, the secretary 
of state shall receive a fee of twenty cents per hundred 
words, to be in no case less than five dollars. (R. S. Sec. 
3762b.) 



EDUCATIONAL. 



^13 



Section 9972. An association incorporated for the 
purpose of receiving gifts, devises or trust funds to erect, 
establish, or maintain an academy in any department of 
fine arts, a gallery for the exhibition of paintings, or sculp- 
ture or works of art, a museum of natural or other curi- 
osities, or specimens of art or nature promotive of knowl- 
edge, or a law or other library, or courses of lectures upon 
science, art, philosophy, natural history, or law, and to 
open it to the public on reasonable terms ; or an industrial 
training school, or a mechanics' institute for advancing the 
best interests of mechanics, manufacturers and artisans, by 
the more general diffusion of useful knowledge in those 
classes of the community, or homes for indigent and aged 
widows and unmarried women, whose directors or trustees 
mav be of either sex, in its articles of incorporation may 
prescribe the tenure of office of the trustees or directors, 
the mode of appointing or electing successors, the adminis- 
tration and management of the property, trust and other 
funds of the corporation and such other organic rules as 
are deemed expedient or acceptable to donors, which shall 
be the permanent organic law of the corporation. (R. S. 
Sec. 3767.) 



OrganiL- rules 
may be ijic- 
scribed in ar- 
ticles of cer- 
tain corpo- 
rations. 



Section 9973. By certificate duly acknowledged by May add to 
the trustees or directors, and filed in the office of the sec- ^^^f^"^' °^' 
retary of state, such corporations may add to the original 
objects and purposes thereof, any of the several objects 
and purposes, mentioned in the preceding section, not pro- 
vided for by the articles of incorporation. (R. S. Sec. 
3768.) 

Section 9974. Such corporation heretofore incorpor- Acceptance of 
ated under the laws of the state, by certificate reciting statutory pro- 

. . Visions. 

the organic rules adopted by the corporation as its perma- 
nent organic law, duly acknowledged by the trustees or di- 
rectors, and filed in the office of the secretary of state, may 
accept the provisions of the second preceding section. (R. 
S. Sec. 3768.) 



Section 9975. The officers of such corporation Accounts of 
charged or intrusted with the receipts and disbursements receipts and 
of its funds or property, shall make and keep accurate and 
detailed accounts of such funds, and the receipts and dis- 
bursements thereof such as are required to be kept by the 
fund commissioners of the state. On or before the third 
Monday in January of each year the trustees shall file with 
the clerk of the common pleas court of the county in which 
the corporation is located an abstract of their account which 
shall correspond in date, amount, person to whom paid, 
from whom received, and on what account, with the vouch- 
ers taken or given on account of such receipts and dis- 
bursements. At the same time they annually shall file in 
such clerk's office a report of the names of the donors, the 



214 



EDUCATIONAL. 



Trustees in- 
eligible to 
other office. 



Attorney-gen- 
eral may en- 
force duties 
of officers. 



May increase 
number of 
trustees of 
certain corpo- 
rations. 



Distribution 
of new 
members. 



kind, amount, or value of gifts of each, and a brief state- 
ment of the conditions and purposes of the gifts. The 
tiHng of such abstract and report, and the supplying of any 
omission in either, may be enforced by order and attach- 
ment of the common pleas court of the proper county, 
against the trustees, on motion of any respectable citizen. 
(R. S. Sec. 3769.) 

Section 9976. No trustee of such corporation shall 
be eligible to any office or agency of the corporation to 
which a salary or emolument is attached, nor shall the trus- 
tees be allowed any salary, emoluments or perquisites, ex- 
cept the right of free ingress to the grounds, rooms, and 
buildings of the corporation. (R. S. Sec. 3770.) 

Section 9977. On application to the attorney gen- 
eral by five citizens of the proper county, in writing, verified 
by the oath or affirmation of one of them, setting forth 
specific charges against any of the fiscal or other agents or 
trustees of such a corporation, involving a breach of trust 
or duty, he shall give notice thereof to the trustees or agents 
complained of, and inquire into the truth of such charges. 
For this purpose he may receive affidavits, or enforce, by 
process from the court of common pleas of Franklin 
county, the production of papers and the attendance of 
witnesses before him. If, on testimony or other evidence, 
be believes the charges or any of them to be true, he shall 
proceed, by action in that court, in the name of the state, 
against the delinquent trustee or trustees, fiscal agent or 
agents, and, on the hearing the court may direct the per- 
formance of any duty, or the removal of all or any of the 
agents or trustees, and decree such other and further relief 
as is equitable. (R. S. Sec. 3771.) 

Section 9978. The board of trustees of a university 
or college heretofore incorporated, but not under the pat- 
ronage of conferences or other ecclesiastical bodies of any 
religious denomination, may increase the number of such 
trustees to twenty-four, exclusive of the president, or a less 
number, and divide such trustees into six classes, each class 
to serve six years, and one class to be chosen each year, 
for such term. One trustee of each class may be chosen by 
the votes of the alumni of such university or college, if the 
board of trustees so provides by by-law, in which case the 
board also shall provide by such by-laws, a method of nomi- 
nating and electing such appointee of the alumni. (R. S. 
Sec. 3771a.) 

Section 9979. The president of such university or 
college shall ex-officio, be a trustee perpetually, and not be 
included in the classes going out in rotation. If in the first 
enlargement of the board of trustees, under the preceding 
section it be necessary to distribute new members to the 
several classes, whose terms will expire by rotation, the 



' fentrcATiONAL. :2l^ 

distribution may be made in such manner as the board di- 
rects so that no trustee shall be elected for a longer term 
than six years. (R. S. Sec. 3771a.) 

Section 9980. The board of trustees of a university stock corpo- 
or college in this state organized as a stock corporation and rtti?"^st™ck 
not under ecclesiastical patronage, upon the surrender and 
cancellation of all outstanding shares of its capital stock, 
may cause a certificate of that fact, sealed with the corpo- 
rate seal and signed by the president and secretary of such 
board, to be filed in the office of the secretary of state, 
which certificate the secretary of state shall record for 
public use in the records of his office, and a certified copy 
of which he shall return to such board of trustees upon 
receipt of a fee of twenty cents per one hundred words, 
to be in no case less than five dollars. Thereupon such 
university or college shall continue its corporate existence 
as a corporation not for profit and with the same powers, 
duties, privileges and immunities as it previously possessed, 
save such as" relate to its capital stock. Such board by reso- 
lution may conform the number, tenure and mode of elec- 
tion of its own members to the provisions of the preceding 
section, except, that trustees not authorized to be elected 
by the "alumni, shall be elected by the board; and that the 
ex-officio membership thereon of the president of such col- 
lege or university shall be optional with the board. (R. S. 
Sec. 3771b.) 

Section 9981. When such a corporation seeking to Cancellation 
avail itself of the provisions of the preceding section has court""^^^ °^ 
procured the surrender for cancellation of not less than 
sixty per cent of the outstanding shares of its capital stock, 
any residue thereof standing upon its Looks in the names 
of persons, partnerships, societies or corporations that for 
seven years or more have been deceased, dissolved or of 
unknown address, and non-participants in the corporate 
elections, and of vvhose shares aforesaid no known owner 
exists, may be cancelled by decree of the court of common 
pleas of the county ' wherein such corporation is located, 
upon its petition, duly certified, being filed therein, making 
such persons, partnerships, societies and corporations or 
their legal representatives parties defendant, and on serv- 
ing such defendants with public notice of the pendency of 
such petition in the manner provided for service by publi- 
cation in civil actions, and upon averment and proof by the 
plaintiff and a finding by the court of the facts as herein- 
iDefore required, and of the further fact that the plaintiff 
is an eleemosynary corporation. Thereupon the shares of 
such defendants shall be deemed to be cancelled and sur- 
rendered, and the decree shall not be vacated or set aside, 
on the application of any such defendant, otherwise than as 
in the case of judgments in civil actions. (R. S. Sec. 
3771C.) 



2l6 



EDUCATIONAL. 



Mechanics' 
institute may 
borrow 
money. 



Section 9982. A mechanics' institute, incorporated 
under the laws of this state prior to the year eighteen hun- 
ch-ed and fifty-one, may borrow money, issue bonds or notes 
therefor at no more than the legal rate of interest, and 
secure them by mortgage upon its real estate. {ii2 v. 118 
§ I.) 



Liability of 
directors and 
•trustees. 



Section 9983. The directors and trustees of such 
corporation shall not be personally liable for debts con- 
tracted by them, as in the ])receding section provided. (82 
V. 118 § 2.) 



IIow medical 
colleges may 
receive bodies 
for dissection. 



Section 9984. Superintendents of city hospitals, di- 
rectors or superintendents of city or county infirmaries, 
directors or superintendents of work-houses, directors or 
superintendents of asylums for the insane, or other chari- 
table institutions founded and supported in whole or in part 
at public expense, the directors or warden of the peniten- 
tiary, township trustees, sheriffs, or coroners, in possession 
of bodies not claimed or identified, or which must be buried 
at the expense of the county or township, before burial, 
shall hold such bodies not less than thirty-six hours and 
notify the professor of anatomy in a college which by its 
charter is empowered to teach anatomy, or the president of 
a county medical society, of the fact that, such bodies are 
being so held. Before or after burial such superintendent, 
director, or other officer, on the written application of the 
professor of anatomy, or the president of a county medical 
society shall deliver to such professor or president, for the 
purpose of medical' or surgical study or dissection, the body 
of a person who died in either of such institutions, from 
any disease, not infectious, if it has not been requested for 
interment by any person at his own expense. (R. S. Sec. 
3763-) 



Body to be 
delivered to 
claimant. 



Section 9985. If the body of a deceased person so 
delivered, be subsequently claimed, in writing, by a rela- 
tive or other person for private interment, at liis own ex- 
pense, it shall be given up to such claimant. (R. S. Sec. 
3763-) 



Interment of 
body after 
dissection. 



Section 9986. After such bodies have been subjected 
to medical or surgical examination or dissection, the re- 
mains thereof shall be interred in some suitable place at 
the expense of the party or parties in whose keeping the 
corpse was placed. (R. S. Sec. 3763.) 



Notification 
of relatives. 



Section 9987. In all cases the officer having such 
bodv under his control, must notify or cause to be notified, 
in writing, the relatives or friends of the deceased person. 
(R. S. Sec. 3763.) 



EDUCATIONAL. 217- 

Section 9988. The bodies of strangers or travelers, Body of 
who die in any of the institutions above named, shall not f/^^^^fg^® °^ 
be delivered for the purpose of dissection unless the 
stranger or traveler belongs to that class commonly known 
as tramps. Bodies delivered as herein- provided shall be 
used for medical, surgical and anatomical study only,- and 
within this state. (R. S. Sec. 3763.) 

Section 9989. A person, association, or company. Liability for 
having unlawful possession of the body of a deceased per- furpfsse"sdon' 
son shall be jointly and severally liable with any other per- of body, 
sons, associations, and companies that had or have had 
unlawful oossession of such corpse, in any sum not less 
than five hundred nor more than five thousand dollars, to 
be recovered at the suit of the personal representative of 
the deceased in any court of competent jurisdiction, for the 
benefit of the next of kin of deceased. (R. S. Sec. 3764.) 



APPENDIX 



FORMS AND INSTRUCTIONS 



NOTICE OF ELECTION IN SUB-DISTRICTS. 

Notice is hereby given to the qualified voters of sub-district No. — , of 

township, county, Ohio, that the next annual school meeting for the elec- 
tion of a director in said district will be held at the- 

sub-district on Monday, the day of April, 19 — , 

p. m. (a. m.,) and closing at o'clock p. m. (a. m.) 



school house in said 

begining at o'clock 

, Director. 



Note : — The above notice to be posted in three or more conspicuous places, 
at least six days prior to the election. Sec. 4718. 

POLL BOOK. 

Of the election held in sub-district No. , in the township of , in the 

county of , and state of Ohio, on Monday, the day of April, in the 

year A. D. 19—. 

A. B., Chairman, and C. D., Clerk, judges of said election, were severally 
sworn, as the law directs, previous to their entering on the duties of their 
respective officers. 



Number and names of electors. 



Number and names of electors. 



No. 1 




No. 5 
6 
7 
8 




2 






3 






4 













It is hereby certified that the number of electors who voted at this election 



-, Chairman. 

-, Secretary. 

Judges. 



TALLY SHEET. 

Of the election held in sub-district No. , in the township of , in the 

county of , and state of Ohio, on Monday, the day of April, in the 

year A. D. 19 — , to elect a director for said sub-district. 

219 



220 



FORMS AND INSTRUCTIONS. 



Names of Candidates. 


Tallies, showing number of votes 
given for each candidate. 

■ 


Total. 


5 


10 


15 


20 


25 



















































































































We hereby certify 

That 

That 

That 



received 
received 
received 



votes for director, 
votes for director, 
votes for difector. 



And that 



was duly elected director for a term of one year. 

, Chairman. 

, Secretary. 

Judges. 

The poll book and tally sheet must be signed by the judges of election before 
they separate. No signing after such separation is valid. They must be delivered 
within eight days to the clerk of the board of education. 

MINUTES OF SUB-DISTRICT SCHOOL MEETING. 



Township, 



Sub-District, No. • 
County, Ohio. 



19- 



At a meeting of the qualified voters of said sub-district, held on the 

day of April, 19 was appointed secretary. 

Whereupon said voters proceeded to elect by ballot, a director of said sub- 
district for the term of one year, and upon inspection of the several ballots given 

at said election, it was found and publicly declared, that 

was duly_ elected for the term of one year. 

, Chairman. 



, Secretary. 

APPOINTMENT OF SCHOOL DIRECTOR TO FILL VACANCY. 

has been appointed director 



This is to certify that 
of sub-district number 



township. 



-county, Ohio, to 



FORMS AND INSTRUCTIONS. :^2I 

fill the vacancy caused by of said appointment to 

extend until the next annual election as provided for in section 4720. 

, Ohio. 

, 19 — . , President. 

Attest : 

, Vleck. 

OATH OF SCHOOL DIRECTOR. 

The following oath which may be administered by the clerk or any other 
member of the board of education, should be taken by each director before enter- 
ing upon the discharge of his duties. 

You, , do solemnly swear (or affirm) that you will support the 

constitution of the United States, and the constitution of the State of Ohio, and 
that you will faithfully and impartially discharge the duties of director, in and 
for said sub-district, number , township, county, Ohio, accord- 
ing to law and the best of your ability. 

DIFFERENT MODES OF ALTERING SUB-DISTRICTS. 

Resolved by the board of education of township, That there be trans- 
ferred and united with sub-disrict , so much of sub-district number 

, as is bounded as follows : [describe boundary.] 

Resolved by the board of education of township. That sub-district 

number is hereby abolished, and there is hereby transferred to and united 

with sub-district number • , so much of the territory of said abolished sub- 
district is bounded as follows: [describe boundary], and so much of said abol- 
ished sub-district as is not herein united with sub-district number , is trans- 
ferred to and united with sub-district number . This resolution shall take 

effect on the day of , 19 — . 

Resolved by the board of education of township, That so much of 

sub-district number , as is bounded as follows: [describe boundary], be cut 

off from sub-district, and that so much of sub-district number as 

bounded as follows: [describe boundary], be cut off from said sub-district, and 
that the territory thus cut off from sub-districts numbers and , respec- 
tively, is hereby consolidated and formed into a new sub-district and designated 
" sub-district number of township. 

Resolved by the board of education of — ■. township, That sub-districts 

numbers and are hereby abolished, and that the territory included in 

said sub-districts at the time of their abolishment is hereby consolidated and 

formed into a new sub-district, and designated sub-district number of 

township. The resolution shall take effect on. the day of , 19 — . 

Note: — When a new sub-district is formed the township board should ap- 
point a director as provided in section 4720. 

RESOLUTIONS ON BOND ISSUE. 



Resolved by the board of education of school district, 



county, Ohio, That it is necessary for the proper accommodation of the schools 

of said district [state nature of improvement,] that it will require $ 

to make said improvement, that the funds at the disposal of said board or that 
can be raised under the provisions of section 7629 of the General Code of 
Ohio, are not sufficient to accomplish said purpose and that a bond issue is 
necessary, it is therefore further 



222 FORMS AND INSTRUCTIONS. 

Resolved, That an election be held in said school district on the question 

of the issuing bonds in the sum of $ for the purpose herein specified, 

on the — day of 19 — , and that the clerk of the board be 

directed to forward a copy of these resolutions to the deputy state supervisors 
of elections and request said supervisors to provide election supplies and con- 
duct said election, and that the clerk be also directed to publish notices of 
said election as provided by law. 



NOTICE OF ELECTION FOR BOND ISSUE. 

Notice is hereby given by the board of education of ' school 

district, — county, Ohio, that there will be an election held in said 

district at the usual voting place [places,] between the hours of 5 :30 a. m. and 

5 :."^)0 p. m., on the day of , 19 — , to consider the question 

of a bond issue in the sum of $ , for the purpose of [here state purpose] 

as provided in section 7625 of the General Code of Ohio. 

By order of the board of education. 

, Clerk. 

, Ohio. 

, 19—. 



FORM OF BALLOT. 



For Bond Issue in the Sum of $ , Yes. 



For Bond Issue in the Sum of $ , No. 



All elections on school questions should be held under the supervision of the 
regular election of officers and the ballots- be made to conform to the provisions of 
the general election laws. 



PETITION FOR SPECIAL SCHOOL DISTRICT. 

To the Probate Judge of County, Ohio: 

We, the undersigned petitioners, being male citizens and electors of a pro- 
posed special school district, respectfully request that a special school district be 
established from the territory herein described for the following reasons: [give 
reasons.] Said special school district to be bounded and described as follows: 

[Give description in full.] 

Respectfully submitted, 

, Ohio. 

, 19—. 



Note: — The above petition must be signed by at least ten male electors 
and must be accompanied by a certificate from the county auditor giving the 
total tax valuation of the proposed district, an accurate map of the same and 
an undertaking with security for cost in the sum of $100. 



FORMS AND INSTRUCTIONS. 



223 



NOTICE OF SPECIAL MEETINGS. 

Notice is hereb}^ given that there will be a meeting of the board of educa- 
tion of school district, county, Ohio, on the day of 

, at : o'clock , at , to consider any business which 

may be considered necessary. 



-, Clerk. 



-, 19—. 



Note : — A special meeting may be called by the president, clerk or two mem- 
bers of the board. 



TEACHER'S CONTRACT. 



of 



school district in 



county, 
county, 



An agreement entered into between 

Ohio, and the board of education of 

Ohio ; the said hereby agrees to teach in the public schools of said 

district for a term of months, and also agrees to abide by and maintain 

the rules and regulations adopted by said board for the government of said 
schools of said school district. And in consideration of such services, the said 

board of education agrees to pay said the sum of dollars, 

payable monthly at the office of the treasurer of the board of education. 



Entered into this 



day of 



19—. 



-, Teacher. 
-, President. 
-, Clerk. 



Any special provision's may easily be inserted. 

ORDER ON THE TREASURER. 
(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 



^ 



No. Office of Board of Education School District. 

$ , Ohio, , 19—. 

THE TREASURER OF SAID SCHOOL DISTRICT 

Will Pay to 

DOLLARS, 



out of 



Fund in the Treasury. 



For 



By Order of the Board of Education. 
, President. , Clerk. 



224 



FORMS AND INSTRUCTIONS. 



ORDER ON TREASURER WHEN SCHOOL FUNDS ARE IN A 

DEPOSITORY. 

(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 



Pi 



No.- 



Office of Board of Education 



-,Ohio, 



-School District. 
, 19—. 



THE TREASURER OF SAID SCHOOL DISTRICT 
Will Pay to ■ 



DOLLARS, 



out of 
For — 



Fund in Treasury. 



By Order of the Board of Education. 
, President. 



Clerk 



Payable at 



Bank, 



, Ohio, 

-, Treasurer 



CERTIFICATE OF ANNUAL SCHOOL LEVY. 

(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 

To the Auditor of County : 

It is hereby certified by the Board of Education of 



School district, , County, that the entire amount 

necessary to be levied upon the property of said school district for school pur- 
poses, during the next school year, as directed by Sec. 7586, G. C. is as follows : 



For Tuition Fund 

For Building Fund 

For Contingent Fund 

For Bonds, Interest and Sinking Fund. . 



mills. $. 

mills. $. 

..mills. $. 

mills. $. 



For mills. $. 

By Order of the Board of Education. 



Clerk. 



.Ohio. 



19. 



CERTIFICATE OF SCHOOL FUNDS IN TREASURY. 

We hereby certify that, by a count, as required by law, all of the money, 

bonds and securities in the hands of , treasurer of — school district 

county, Ohio, made this day of , 19 — , in the presence of the 

clerk of the board, we find dollars [and bonds, etc., in value amounting 

to dollars] of school funds to be in the treasury on the date above 



FORMS AND INSTRUCTIONS. 225 

named, and we have directed the clerk to enter upon the records of the board 
a copy of the report. , , 



t<oard (or Committee.) 

Attest: , President. 

, Clerk. 

[See section 4767 of the General Code.] 

TRANSFER OF TERRITORY. 
(Minutes of Boards.) 

Resolved, That the following described territory be and the same is hereoy 

transferred from school district, county, Ohio, to schoo' 

district, — county, Ohio, subject to the provisions of section 4692, General 

Code of Ohio [give description.] 

Resolved, That the clerk be instructed to notify the board of education of 

school district of county, Ohio, of the passage of this resolution, 

and upon similar action being taken by said board that said clerk file a cer- 
tified copy hereof with the countv auditor, together with a correct map of the 
territory described. 

Note: — A majority of the full membership of the boards is necessar;' to 
carry such a resolution and a yea and nay vote is required. 

LEASE TO SCHOOL DISTRICT. 

Know all men by these presents: 

That , of the county of , and State of , for the con- 
sideration herein mentioned, does hereby lease unto the board of education of 

the township of , county and state aforesaid, its successors and assigns, 

the following premises, to-wit : [Here insert description], with all the privileges 
and. appurtenances thereunto belonging ; to have and to hold the same for and 

during the term of years from the day of , 19—. And the said 

board of education for itself and assigns, does covenant and agree to pay the 

said for the said premises, the annual rent of dollars. [Insert 

date and place of payment.] 

In witness whereof, the said parties hereunto set their hands, this — ^^- 

day of , 19 — . , Lessor. 



President of the Board. 
, Clerk, 



Signed, sealed, and acknowledged in the presence of 



State of Ohio, County, ss.: 

Before me, a in and for said county, personally appeared , 

grantor in the a'love instrument and acknowledged the same to be volun- 

larv act and deed, for the uses and purposes therein mentioned. 

In testimony whereof. I have hereunto subscribed my name and affixed my 
seal, this day of , A. D. 19—, 

(Title.) 
15 S. i<. ■ 



226 FORMS AND INSTRUCTIONS. 

If tlie lease be for three years or more, it must be acknowledged, attested by 
two witnesses, and recorded. If for a less term, it need^ not be executed with 
these formalities. See section 8517. The consideration may be money or any- 
thing else, and the form varied accordingly. The above form is for a long lease. 

OATH OF CLERK OF BOARD OF EDUCATION. 

The State of Ohio, County, Tozvnship, ss.: 

Before me, , personally came , who, being duly sworn 

according to_ law, says that he will support the constitution of the United States 
and the constitution of the State of Ohio; and that he will faithfully discharge 

his duties as clerk of the board of education of the school district 

in county, Ohio, during his term of office, and until his successor is 

chosen and qualified. 



of said Board. 

Sworn to before me and signed in my presence, on day of — 

A. D. 19—. 



(Title.) 



CLERK'S BOND. 

Knozv all men by these presents, That we, - 



held and firmly bound unto the state of Ohio, in the sum of ■ dollars, 

for the payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. nineteen hundred 

and 

Whereas, the said has been duly chosen and qualified as clerk of 

the board of education of district , in township, ■ county, 

and state of Ohio, for the term of one year from the day of January, A. D. 

19—, and until his successor is chosen and qualified. 

Now, the condition of the above obligation is such, that if the said 

shall faithfully perform all the official duties required of him as clerk of said board, 
then this obligation will be void ; otherwise it shall be and remain in full force. 



The sureties on the above bond, and its amount, approved by said board this 
day of , A. D. 19—. 



President of said Board. 

FINAL RECEIPT OF CLERK. 

, Ohio, , 19—. 



Received of , late clerk of school district, the sum of 



dollars, the record book, account book, school laws, teachers' certificates and 
reports, and the other official books and papers in his hands. 

— — ^, Clerk. 

See section 4777. 



FORMS AND INSTRUCTIONS. • 22/ 

OATH OF TREASURER OF BOARD OF EDUCATION. 

TIic "State of Ohio, County, ss.: 

Before me, . personally came , who being duly sworn 

according to law, says that he will support the constitution of the United States, 
and the constitution of the state of Ohio ; and that he will faithfully discharge 

his duties as treasurer of the board of education of the — • school district 

countjr, Ohio, during the continuance in said office, and until his 

successor is chosen and qualified. 



Sworn to before me and signed in my presence, on this day of • 

19 — , bv the said . 



of said Board. 

TREASURER'S BOND. 
(City, village and township districts.) 

We, the undersigned as principal and 

and as sureties, hereby acknowledge ourselves as firmly held unto 

the state of Ohio in the penal sum of dollars for the payment 

whereof we jointly and severally bind ourselves, our heirs, executors and ad- 
ministrators. 

Signed and sealed by us this day of , A. D. 19 — . 

The condition of the above obligation is this, that whereas the said 

( city ^ 

has been duly elected as treasurer of the ) village V of , and 

( township ) 

ex-officio treasurer of the school funds of the school district, in the 

county of — and state of Ohio, for the term of two years from the 

day of January, A. D. 19 — , and until his successor is elected and 

qualified according to law : now if the said = shall faithfully dis- 
burse, according to law, all school funds which come into his hands, then this 
obligation shall be void ; otherwise it shall be and remain in full force and effect. 



The sureties on the above bond, and its amount, approved by said board 
this day of , A. D. 19—. 



President of said Board. 



Clerk of said Board. 

TREASURER'S BOND. 
(Special district) 

We, the undersigned as principal and 

and as sureties, hereby acknowledge ourselves as firmly held unto 

the state of Ohio in the penal sum of dollars for the payment 

whereof we jointly and severally bind ourselves, our heirs, executors and ad- 
ministrators. 

Signed and sealed by us, this day of A. D. 19 — . 



228 FORMS AND INSTRUCTIONS. 

The condition of the above obligation is this, that whereas the said 
has been duly chosen treasurer of the board of education of 



district of , in township, county, and state of Ohio, for 

the term of one year from the first day of September, A. D. 19 — , and until his 
successor is chosen and qualified; now if the said — shall faithfully dis- 
burse, according to law, all school funds which come into his hands, then this 
obligation shall be void; otherwise it shall be and remain in full force and effect. 



The sureties on the above bond, and its amount, approved by the board of 

education of said school district, this day of > , 

A. D. 19—. 



President of said Board. 



Clerk of said Board. 

FINAL RECEIPT OF TREASURER. 

$ . , Ohio, , 19—. 

Received of , late treasurer of school district 



county, the sum of dollars, and the following securities, bonds, and 

other school property, to-wit : 

, Treasurer. 

COMPLAINT IN REGARD TO SCHOOL FUNDS. 

To the State Commissioner of Common Schools: 

Sir: I respectfully submit the following state of facts as existing in 

school district, county, Ohio. 

(Statement of complaint containing one of the causes mentioned in section 
361, G. C.) 

In consideration of the above statement I respectfully request the appoint- 
ment of some competent accountant to investigate the condition of the school 
funds of said district. 

, Complainant. 

State of Ohio, County, ss.: • 

I, , , and , do solemnly swear (affirm) 

that the statements made in the foregoing complaint are true to the best of my 
knowledge and belief. , 



Sworn to by , , and , and subscribed in 

my presense this day of , 19 — . 



(Title.) 

I hereby certify that , , and — , are 

freeholders and taxpayers, residents of school district. 



County Auditor, 
-, Ohio, , 19—. 



FORAtS AND iNSTRUCTIONS. 229 

COMPULSORY EDUCATION LAW. 



NOTICE TO PARENT OR GUARDIAN. 

State of Ohio, — County, ss. : 

To . . 

You are hereby notified that , a child between the ages of 

and years, under your charge, is not attending school, that such non- 
attendance is in direct violation of the law and without legal excuse. 

You are hereby required to cause said child to attend some recognized sahool 
within two days from the date of this notice, and you are warned that if the 
truancy of said child is presisted in the final consequences will be as provided 
by law, as endorsed hereon. 

Witness my hand this day of , 19 — . 



Truant Officer. 



school district, county, Ohio. 

Print sections 12977 and 6246 on reverse side of form. 



NOTICE TO TRUANT. 
State of Ohio, County, ss. : 

To , a child between the ages of and years. 

You are hereby notified that you are and will be required to attend some 
recognized scl. >ol within two days from the date of this notice, and you are 
hereby warned that if this notice isx not complied with the final consequences 
will be as provided by law as indorsed hereon. ^ 

Witness my hand this day of , 19 — . 



Truant Officer. 
school district, county, Ohio. 

Print section 7774 in full on reverse side of form. 



NOTICE TO EMPLOYERS OF YOUTH. 
To [Here insert name of person, company or corporation] : 

Your attention is respectfully called to sections 7765-7767, 7769-7771, 7782-7783, 
12975, 12976, 12981-12985, to compel the elementary education of children. 

In compliance with the provisions of this act, you are requested to return to 
me on this blank the names, ages, and residences of all minors under four- 
teen years of age employed by you, also all minors between fourteen and six- 
teen j'-ears of age, and to state whether you have a certificate from the superin- 
tendent of schools, or clerk of the board of education that authorizes you to 
employ such minors. 



Clerk of Board of Education. 



230 FORMS AND INSTRUCTIONS. 



Names of Minors. Age. 


Residence. 


Certificate — Yes or No. 




















1 






! 1 

1 




. 




1 


"^ 










1 





In cities this notice may be signed by the superintendent of schools. 

This certificate must be kept on file until the A'outh reaches the age of six- 
teen years and must be accessible to the Truant Officer and the Inspector of 
Factories at all times. 



AGE AND SCHOOLING CERTIFICATE. 
I, , being 

("Superintendent of Schools 1 

the ^ Person duly authorized by the Superintendent of Schools I of the 

IClerk of Board of Education J 



School District of County, Ohio, hereb\' certify 

that (the description of whom is as follows : Height — 

ft. inches; complexion ; hair ; eyes ; 



) was born at , in the county of 

-, State of , on dav of , 



1 ; that has been examined and has passed a satisfactory fifth grade 

test in reading, spelling, writing, English grammar, geography and arithmetic; 
that the papers enumerated and described in Section 7766 of the General Code 
of Ohio have been by me duly received, examined, approved and filed ; and that 

said is, as to development, health and physical fitness, 

able to perform the labor, in which is to be employed by . 

Approved by me, and signed in my presence by the aforesaid, —, , 

this day of , 1 — — . 

(Signed) 



Title of Approving Offlcer. 



Signature of Child. 



I. ^ , Superintendent of Schools of ■ 

School District. County, Ohio, hereby certify that I have duly 

authorized the above named , to approve the above Age 

and Schooling Certificate. 

(Signed) 

Superintendent of Schools of 
' School district. 



























Name of truant or non- 
attendant reported. 






















Age. 
























Sex. 
























o 


Warning sent. 
























Day. 


— 


— 




















Month. 


Notilication of non- 
attendance sent. 


















1 

o 

p 






















g; 


Complaint entered 
on refusal, failure 
or neglect. 
























p 






















. 


o 


Complaint entered 
of juvenile dis- 
orderly. 
























3 
p 



h: 



•35" 



~i 



3 f?" 






o a. 



3 a. 



n 



O 



> 

H 
O 

o 
w 



2.'n 



i 



INDEX. 

PAGE 

Abandonment of special districts, 4741-4744 : • . 45 

Admission to professional school, 7658 100 

Academy (See Colleges and Universities.) 175 

Account of clerk, 4779 60 

Account of treasurer, 4780 60 

Agent of certain institutions, duties of, 1673 25 

Affidavit, time of filing, 1654-1 20 

Affidavit, who may file, 1647 : ; ■ 17 

Age limits, 1653-1 19 

Age, attendance of evening schools by persons over, 7680 104 

Age and schooling certificate, 7766 131 

Age and schooling certificate, birth certificate, 7766 132 

Attendance of minors in certain cases, 7767 132 

Age and schooling certificate, form of, 7766 131 

Age and schooling certificate, health certificate, 7766 132 

Age and schooling certificate, pledge of employer, 7766 132 

Age and schooling certificate, penalty for not having, 12975 135 

Age and schooling certificate, violations of, 12975 135 

Alcohol, effect of on the human system, 7723 118 

Alcoholic drinks, forfeiture for failure to give instruction in, 7728 119 

Agriculture, appointment and term of district supervisors, 7761-4 129 

District supervisors removal, vacates office, 7761-7 129 

Dismissal of district supervisors, 7761-6 129 

District supervisors shall be non-partisan, 7761-4 129 

District supervisors, duties, 7761-3 128 

District supervisors of, 7761-3 128 

Duties of district supervisors, 7761-3 128 

Four districts, 7761-2 128 

Four districts, how composed, 7761-2 128 

Teaching of, act takes efifect when, 7761-8 129 

Teaching of, 7761-1—7761-8 128 

Vacancies in supervisors of, 7761-7 129 

To be taught in the common schools, 7761-1 128 

Advertisement of sale of public bonds, 2294 92 

Annual settlement by treasurer with county auditor, 4770 58 

Annexation, 4690-4691 • 31 

Of territory to city or village, 4690 31 

Annual enumeration, 7794 143 

Appeal to county commissioners when levy is insufficient, 7590 77 

Appearance docket of juvenile court, 1641 15 

Appendix, 219-231 219 

Appointment of probation officers, 1662 21 

Apportionment, 

Certificate of, 7603 80 

Distribution of money after, 7601 80 

Each fiscal half year, 5649-3d 70 

Of school funds by auditor of state, 7582 75 

(233) 



234 INDEX. 

-., PAGE 

Attendance, 7G44-7761 97 

Arbor day, 7688^ 107 

Articles of incorporation, to be appro\ed, by the board of state charities, 676. . 25 

Associations of other states, 1677 26 

Assignment of electors in attached territory for voting purposes, 4711 37 

Assignment of electors in attached territory for voting purposes, 4714 39 

Attached territory to a city, 4706 36 

Attaching village territory for school purposes, 4691 31 

Auditor of state, apportionment of school funds by, 7o82 75 

Auditor of county, 

Compensation, of for making reports, 7793 142 

Further penalty against, for not making report, 7792 142- 

Penalty for failure to make report, 7790 141 

To furnish abstract of enumeration to state commissioner of schools, 7803 145 

To make enumeration when the clerk fails, 7800 144 

Reports of the state commissioner of common schools, 355 12 

When to appoint a person to make report, 7791 142 

"Aye", 4752 ' tl 

Bail in j uvenile court, 1665 23 

Balance of appropriation, unexpended, 5649-3e 71 

Ballots, 

In city sub-districts, 5034 47 

For school board, 5032 47 

For school board, how printed, 5033 47 

For school board, 5032 _. 63 

For school board, how printed, 5033 63 

For sub-districts in cities, 5034 63 

For additional taxes, 5649-5b 72 

Form of in special district, 4743 45 

Banks, 

Districts containing less than two, 7607 82 

When districts contain two or more, 7605. 81 

Bar, who eligible to take examination for admission to, 7659 100 

Bequests, 

Boards may accept, 4755 52 

In trust for common school fund, 7581 75 

Bidding on school houses, 7623 87 

Birth certificate, 7766 132 

Blind institution, 7778 137 

Blanks for taxes, 5649-3a 69 

Boards of education, 4745-4762 47 

Assignment of pupils by, 7684 106 

Annual statistical report of, 4775 59 

May accept bequests, 4755 52 

Absence of president or clerk, 4753 52 

Ballots for, 5032 47 

Ballots for, how printed, 5033 47 

Ballots for, how printed, 5033 63 

Ballots for, 5032 63 

Bonds issued by, 7619 85 

Control of school vested in, 7690 108 

Contents of annual report of, 7787 . . •. 141 

Clerk's duty in regard to appointees, 7()99 112 



INDEX. :235 

Boards of education — Continued. page 

Contracts, members interested in, 12911 53 

Contracts, '4757 53 

Conveyance, 4757 53 

Corporate powers of, 4749' 49 

Decides on text-books, 7713 116 

Decides on text-books for five years, 7713 116 

Display of the United States flag on school houses, 7621 87 

Employment in emergency cases, 7690-6 110 

Employing relative as teacher, 12932 54 

Estimate of fund needed, 7668 , 102 

Exchange of real estate, 4758 54 

How real property may be sold, 4756 «. 53 

Investigate diarges of existence of fraternity or sorority, 12908 105 

Issue of bonds by, 7629' 92 

In districts containing fifty thousand or over, 4699 34 

In districts of less than fifty thousand, 4696 34 

In a special school district, term of office, 4737 44 

In special school districts, 4736 44 

May admit non-resident pupils, 7682 ' 106 

May dismiss teachers for cause, 7701 113 

May contract with library association for use of library, 7641 95 

May issue bonds if they are approved, 7626 ~ 91 

May issue bonds, 7625 89 

May make an agreement as to tuition, 7750 124 

May levy a tax of five mills, 7672 103 

May make rules and regulations, 4750 49 

May provide for medical inspection, 7692 Ill 

May establish a museum, 7643 95 

^ May establish a high school, 7663 101 

May regulate admission of pupils to high school, 7667 101 

May regulate the age of beginners, 7681 104 

May set aside a service fund, 7704 114 

May suspend or remove director of schools, 769'8 112 

Meetings of, 7750 49 

Members interested in contracts, 12910 .' 53 

Member of accepting compensation, 12883 53 

Neglect of certain duties by, 7610 82 

Names of nominees published, 4998 63 

Nominations of condidates for, 4997 62 

Personal liabihty of, 7611 83 

Powers of in regard to school houses, 7620 86 

Power to borrow money to extend time of debt, 5656 90 

Powers and duties of in regard to text-books, 7715 117 

Powers of as to manual trainina:, 7722 118 

Processes against, how served, 4760 54 

Prosecuting attorney to be legal adviser of, 4761 54 

Provesion for teaching scientific temperance, 7724 119 

Quorum of, 4752 51 

Oath of members and other officers, 4746 47 

Organization of, 4747 48 

Rate of taxation, 7586 76 

Record of proceedings and attestation, 4754 62 

Regular meetings of, 4747 48 



236 



INDEX. 



Boards of education — ■ Concluded. PAGE 

Reports of to state commissioner of common schools, 355 12 

Result of the canvass of the vote determined in certain cases, 5121 64 

Restrictions when other officers may act as the legal advisers of, 4762.. 55 

Required to make a graded course of study, 7645 97 

Shall furnish the necessary school houses, 7666 101 

Shall provide a sinking fund, 7614 84 

Shall get information to the school examiner, 363 14 

Special meeting of, 4751 . 51 

Teachers must get consent of to resign, 7700 113 

To give notice to members of a fraternity, 12908 105 

Vacancies in, how filled, 4748 48 

When other officers may act as legal advisers of, 4762 55 

When terms of members shall begin, 4745 47 

"Yeas" and "Nays" in certain cases, 4752 51 

Books — 

Care and preservation of, 7720 118 

Must be delivered by clerk to his successor, 4777 59 

Board of commissioners of sinking fund, 7613 84 

Board of trustees of library, 7634 93 

Board of state charities — 

Articles of incorporation to be approved, 1676 25 

Board of state charities, duties of, 1675 25 

Bonds, 5658 , 90 

If question approved, board may issue, 7626 91 

Issue of by board of education, 7629 92 

Fine of treasurers, 4766 57 

For sinking fund, issued by board of education, 7619 85 

Forfeiture of in juvenile cases, 1667 23 

House sold, 2295 92 

Limitation of issue of, 7629 92 

Limit of issue of, 7630 93 

Levy to meet payment of, 5659 .- 90 

Of state commissioner of common schools, 353 11 

Of clerk, 4773 59 

Of special school district, 4730 42 

Of sinking fund, payment of, 7618 85 

Of executive committee of county institutes, 7863 164 

Power to exchange, 5657 90 

Public sale of, 2294 92 

Public sale, advertisement of, 2294 92 

Requisites of, 7627 , " 91 

Resolution as to, 5658 • 90 

Refunding, sinking fund commissioners may issue, 7619 84 

When bids rejected, 2295 92 

Tax levy to pay, 7628 91 

Treasurer, 4764 56 

Notice of issue, 7625 89 

Borrow money, power of board of education to, in order to extend time of 

debt, 5656 90 

Boxwell examination, 7740 122 

Budget of commissioners, 5649-3b 69 

Aujustment of budgets, 5649-3c. 70 

Certification of budgets, 5649-3c 70 



INDEX. 237 

Budget of commissioners — Concluded. page 

Examination of budgets, 5649-3c 70 

Expenses of, 5649-3b 70 

Quorum of, 5649-3b -. 69 

Place of meeting, 6649-3b 69 

Time of meeting, 5649-3b 69 

Budget of taxes, 5649-3a 68 

Building fund, 7587 76 

Cahill law 7761-1 to 7761-8 (See Agriculture) 128 

Carnation is the state flower, 29 10 

Canvass of vote, how determined in certain cases, 5121 64 

Canvass of voting school elections, 5120 63 

Candidates, nominations of for board of education, 4997 62 

Child becomes ward, when, 1672 24 

Centralization, 4726-4727 41 

Notice required, 7731 120 

Submission of question of, 4726 41 

Submission of question of de-centralization, 4727 41 

Centralized schools, 7737 .- 121 

Ceramics, department of for the Ohio state university, 7958 189 

Certificate, 

Age and schooling, 7766 131 

Agriculture required after September 1, 1912, 7830 153 

As to grade of school, 7657 99 

Elementary branches, 7830 153 

Fees for examiners conducting investigation in regard to age limit, 7828. 152 

For the city teachers, 7844 157 

. Kinds of, 7852 158 

Minimum age for city, 7850 158 

Minimum age limit, 7827 152 

Of appointment, 7608 80 

Of clerk necessary in certain cases, 5660 90 

Of graduates of certain institutions, 7858-1 — 7858-8 160 

Of other counties, effect of, 7824 151 

Of state commissioner of common schools as to grade of schools, 7661. 100 

Revocation of city, 7850 158 

Renewal of, 7833 154 

Renewal of city, 7845 157 

Recognition of, 7833 154 

Teachers' special, 7832 154 

Without examination, regulations as to issue of, 7825 162 

What kind shall be issued, 7829 153 

Certain institutions, two year and four year courses to include what, 7858-8. 161 

Citation, 1648 17 

City, 

Annexation of territory to, 4690 84 

Assignment of attached territory to, 4706 ■ 36 

City school districts, 4698-4707 34 

Uity board of education, 

Assignment of attached territory to city, 4706 36 

City solicitor to be counsel of, 4761 '. 54 

Election held, when, 4705 35 

In districts of fifty thousand or over, 4699 34 

In districts of less than fifty thousand, 4698 34 



238 INDEX. 

City board of education — Concluded. page 

Qualification of members, 47(14 3.j 

May redistrict after the federal census, 47(Jl 3b 

Redistricting shall not affect existing b()ards,4707 36 

Removal, 4704 3o 

Shall fix number of members, 4700 34 

Shall fix the boundaries, 4700 , 34 

Terms of members elected at large, 4703 35 

Terms of members in sub-districts, 4702 36 

Time of changing number of members, 4705 35 

City board of school examiners, 7838-7858 150 

Applicants right of appeal, 7858 160 

Appointment, and term, 7838 160 

Duties of officers, 7842 156 

Clerk's bond, 7842 156 

Compensation of members and clerks, 7853 ' 159 

Duties of the clerk of, 7854 159 

Certificates, 7844 157 

Consideration of applicants' answers, 7856 159 

Disposition of examination fees, 7855 15') 

Organization of, 7842 150 

Issue of certificates, or notice of failure, 7856 159 

Meeting for examination, 7842 157 

Manuscripts to be placed on file, 7857 159 

Regulations as to certificates without examination, 7848 158 

Removal and vacancies, 7839 156 

Right of appeal from, 7857 159 

Incidental expenses of, 7853 J59 

Special examiners, 7841 156 

Standard of qualification for teachers, 7840 156 

Temporary certificates, 7849 158 

City school districts, 4680 29 

City Institutes, 7871-7874 165 

Expenses of, how provided, 7872 166 

Fund paid into county institute fund when, 7873 166 

Length of session, 7874 166 

Report of to state commissioner of common schools, 7874 166 

Classification, change of village upon advancement or reduction, 4686 30 

Classification of school districts, 4679-4697 29 

Civil service commission, 7690-2 108 

Appointments, 7690-3 109 

Examinations, 7690-2 109 

Notice to, 7690-4 109 

Registers, 7690-2 , ^. . . . 108 

Suspension of employee Iw, 7690-5 109 

Children's homes — ' 

Schools for, 7676 , 103 

Management of, 7677 104 

When inmates of sent to reformatory, 7775 186 

Classified and un-classified service, 7690-1 . . .■ 108 

Clerk, board of education — ■ 

Must keep account, 4778 60 

Account of, 4779 60 

Absence of, 4753 52 



INDEX. 239 

Clerk, board of education — Concluded. page 

Annual statistical report of, 4775 59 

Compensation of, 4781 60 

Certificate of, necessary in certain cases, 5660 90 

Bond of, 4773 59 

Dutj' in regard to appointees, 7699 11'.^ 

Gives information as to character of high school, 7760 100 

Publication of receipts of, 4776 59 

Publication of expenditures by, 4776 59 

Must deliver books to his successors, 4777 59 

When to perform the duties of treasurer, 4783,. 61 

Clerk of board of county school examiners, compensation of, 7745 123 

County Auditor, duty of as to school statistics, 7789 141 

College defined, 7650 99 

Colleges and Universities, 7902-7896 1'''5 

Acceptance of statutory provisions, 9974 ." 213 

Accounts of receipts and disbursements, 9975 213 

Action to be taken by board, 9942 205 

Alumni may elect trustees and appoint visitors, 9945 205 

Assessments, 9956 209 

Attorney General may enforce duties of officers, 9977 • 214 

Board of Military Academies, 9960 210 

Board of Visitors, 9961 ' 210 

Bodies to be delivered claimant, 9958 216 

Bodies of strangers or travelers, 9988 217 

Borrowing money a-nd issuing bonds, 9932 203 

Concellation by decree of court, 9981 - 215 

Certificate to be filed with the Secretary of State, 9923 201 

Certain corporations may change locations, 9964 210 

Certain colleges may file charter and amend, 9966 211 

Conduct of election of trustees and alumni, 9946 206 

Copy of acceptance to be filed with secretary of state, 9953 208 

Distribution of new members, 9979 214 

Duties of board of visitors, 9962 210 

Election, term, vacancies, increase of board, 9955 200 

■ Endowment fund of corporation, 9948 207 

Fee of secretary of state, 9968 212 

Fees of secretary of state, 9971 212 

How a conference may become a patron, 9939 204 

How certain boards may be constituted and governed, 9934 203 

How amount of assessment fixed, 9958 209 

How certain boards constituted and governed, 9949 207 

How existing corporations may avail themselves of the provisions, 9952. 208 

How endowment fund diverted, 9929 202 

How medical may receive bodies for dissection, 9984 216 

How term of trustees fixed, 9963 210 

Interment of bodies after dissection, 9986 216 

Increase in number of trustees in certain corporations, 9950 207 

Liability for having unlawful possession of bodies, 9989 217 

Liability of directors and trustees, 9983 216 

Limit of assessment and collection, 9959 210 

Location may be changed, 9928 202 

May add to original objects, 9973 ' 218 

May change name or purpose, 9969 212 



240 INDEX. 

Colleges and Universities — Concluded. page 

May increase property, 9931 202 

May acquire machinery and land, 9926 201 

May change stock in scholarship, 9927 201 

May hold donated property in trust, 9924 201 

May increase number of trustees of certain corporations, 9978 214 

Notice of meeting of stockholders, 9957 209 

Notification of relatives of deceased person, 9987 216 

Number of trustees in classes, 9954 208 

Patronizing bodies may appoint visitors, 9940 205 

Procedure and effect, 9970 212 

Quorum of trustees how constituted, 9943 205 

Returns and certificate of election, 9947 206 

; Rules may be in article of certain corporations, 9972 213 

1 Sale and distribution -of property of certain corporations, 9965 211 

Statement to be' filed with the secretary of state, 9933 203 

Stock corporations may retire stock, 9980 215 

Under ecclesiastical patronage, 9951 208 

Vacancies caused by amendment of charter, 9930. 202 

Term of office of trustee, 9936 204 

Trustees to be divided into classes, 9935 203 

Trustees ineligible to other offices, 9976 '. 214 

When board enlarged, 9937 204 

When oflficers may be apptointed and degrees conferred, 9922 201 

When right of representation ceases, 9941 205 

Who may have benefit of subsequent provisions, 9944 205 

Who to constitute faculty, 9925 201 

When number of trustees in class reduced, 9938 204 

Coat of arms of the state, device of, 30 10 

Collusion between the bidders for school funds, 7606 81 

Commencement, township, 7742 122 

Committment to county jail, 1656 20 

Committee, high school, 7670 120 

Commission, civil service, 7690-2 108 

Common Schools, agriculture to be taught in, exception, 77761-1 128 

Compensation of examiner, 366 14 

Compensation of county examiner and clerk, 7745 123 

•Compensation of treasurer, 4781 ) 60 

Compensation of members of township board of education, 4715 39 

Of clerk, 4781 60 

Members of board of education, 12883 53 

Of treasurer for making settlement, 4771 .' 58 

'Common school fund, 7579 T4 

Accounts of, 7580 74 

Bequests in trust for, 7581 75 

When county line divides township, 7585 76 

'Compulsory education laws, 7762-7783 130 

Appeal in case of refusal to excuse, 7764 130 

Branches children must be taught, 7762 130 

Cost in prosecution of, 12988 139 

Employment of attorney, 7783 138 

Excuse from attendance, 7763 130 

Necessary time of attendance, 7763 130 

: Second violation of, 12986. , , , , 138 



Compulsory education laws — Concluded. page 

Violation of, 12983 138 

Violating, 12982 138 

Complaint of fraudulent use of school funds, 360 13 

Constitution 7 

Constitution 8 

Contracts, 

Exceptions to, 5661 91 

Officer interested in, 12910 53 

School houses, 7622 87 

Consolidated districts, 5649-6 72 

Contempt, 1648 17 

Contingent fund, 7587 76 

Control of schools vested in boards of education, 7690 108 

Conveyance of pupils, 7730 120 

In special districts, 7732 , 120 

In village districts, 77U3 120 

Corporate powers, 4749 '. 49 

. Disposal of property and surrender of, 4689. 31 

School districts in villages which surrender, 4689 -31 

Corporation not for profit, education, 9922-9989 200 

Costs in juvenile court, 1651 18 

Costs of special school district, 4730 42 

Costs of probate judge in case of truancy, 7781 137 

County Auditor, See Auditor, 

Annual settlement of treasurer with, 4770 58 

Amount of levy to be certified to, 7594 78 

Clerk to transmit abstract of enumeration to, 7799 144 

Member of the budget commissioners, 5649-3b 69 

County Commissioner, appeal to when levy is insufficient, 7590 77 ■ 

County Commencement, diploma of, 7743 123 

County certificates, valid when and from what date, 7821 151 

Countjr examination, notice of, 7817 150 

County board of school examiners, 7811-7837 148 

Compensation for examination for entering high school, 7745 123 

County institutes, 

Duty of executive committee, 7863 * 130 

Forfeiture of committee's bond, 7867 164 

Officers of, 7860 163 

Organization of, 7859 163 

Report of secretary of, 7865 163 

When state commissioner of common schools may hold, 7868 164 

When election to be held, 7868 163 

Term of officers, 7860 163 

Vacancies in the officers of, 7862 164 

County line divides township, school funds, 7585 76 

County Tax, 5649-3a 69 

County visitors, notice to boards of, 7782 138 

Course of study for graded schools, 7645 97 

Courts that have jurisdiction in juvenile cases, 1639 15 

Day schools, part time, 7767 132 

Dairy and food commissioner, duty of, 7965 191 

Deaf and dumb institutions, 7778 137 

16 S. I.. 



242 INDEX. 

Deaf, PAGE 

Inspection of schools for, 7761 127 

Schools for the, 7755 126 

Who shall be considered as, 7760 127 

Debt, power of board of education to borrow to extend time of, 5656 90 

I )c-centralization, submission of question of, 4727 41 

Definition of. 

Delinquent child, 1644 16 

Dependent child, 1645 16 

Delinquent child, meaning of, 1644 16 

Delinquent child, when charged with felony, 1681 26 

Delinquency, penalty for aiding, 1654 19 

Dependent child, defined, 1645 16 

Depositing of school funds upon competitive bidding, 7604 81 

Detention home, 

Expenses of, 1671 24 

How established, 1670 23 

Diplomas, effect of as to tuition, 7747 123 

Diploma to be given to graduates, 7656 99 

Director of schools, 

Duties of, 7696 '. 112 

Compensation of 7697 ' 112 

In city districts, 7694 Ill 

Powers of, 7695 Ill 

May be suspended or removed, 7698 112 

Director — 

Duties of in a sub-district, 4722 40 

Procedure in case of failure to elect, 4720 40 

Failure to elect, 4720 40 

Notice of election of, 4718 39 

Districts — 

Consolidated, 5649-6 72 

Containing less than two banks, 7607 82 

Union of for high school purposes, 7669 102 

District supervisors of agriculture — 

•Appointment of, 7761-4 129 

Non-partisan, 7761-4 129 

To move away vacates office, 7761-7 129 

Salary of, 7761-5 129 

Term of, 7761-4 '. 129 

Vacancies, 7761-7 129 

Division of township into sub-districts, 4716 39 

Duties of agents of certain institutions, 1674 25 

Of board of state charities, 1675 25 

Of the director of a sub-district, 4722 40 

Of certain officers in case of an examination, 363 14 

Of probate judge on filing of petition, 4731 43 

Of judge and prosecuting attorney to the examiner, 367 14 

Of prosecuting attorney in juvenile court, 1664 22 

Of probation officers, 1663 22 

Education, compulsory, 7762-7783 130 

Electors, 

Assignment of in attached territorv for voting purposes, 4711 37 

Qualification of, 4861 '. 62 



INDEX. :243 

Electors — Concluded. page 

Meetings of, 4721 40 

Vote when rate is insufficient, 5649-5a 71 

Elections, 

Canvass of voting, 5120 63 

In special school districts, 4738 44 

In special districts, by whom conducted, 4742 44 

Notice of school, 4839 62 

Tally sheets for school, 504# 63 

Public, 4838-5121 92 

Poll books for school, 5049 63 

Election, 

Result of in special district, 4743 45 

Of members of board of education, 4838 62 

Of director in sub-district, 4719 40 

Of members of board of education in township districts, 4713 38 

Of board of education in newly. created village, 4710 37 

Of abandonment of special school district, 4741 ' 45 

Notice to raise the tax rate, 7593 78 

Notice of when rate is insufficient, 5649-5a 71 

Elementary certificate, 7858-1 160 

Elementary grade, 7655 99 

Elementary school, defined, 7648 98 

Elerhentary school, one to be in each sub-district, 7646 98 

Elementary school, minimum school weeks, 7644 97 

Embezzlement, 12878 60 

Emergencies in tax levies, 5649-4. . . : 71 

Employment of children under sixteen, 7765 131 

Entry, 1654-1 '. 20 

Enumeration, 7794-7804 ." 143 

Additional facts to be ascertained, 7795 142 

Annual, 7794 , 143 

Auditor to furnish abstract of to state commissioner of common 

schools, 7803. 145 

- Clerk to transit abstract of to county auditor, 7799 144 

Duty of the state commissioner of common schools when excessive, 7804. 146 

Compensation of enumerators, 7797 144 

How taken, 7796 144 

False, 12929 ." 146 

When district situated in two or more counties, 7798 144 

When not taken district not entitled to school funds, 7802 145 

When county line divides original surveyed township, 7801 145 

When clerk fails, auditor to act, 7800 144' 

Error proceedings, 1668 28 

Evening schools, 7679 104 

Examiners, 7805-7858-7 147 

Organization of board, 7815 149 

Duty of officers, 7815 .' 149 

Rules and regulations of county board of schools, 7816 149 

Meetings for examination, 7817 •. 150 

Majorities power, 7817 150 

Divulging examination questions, 12989 150 

Compensation of 7834 155 

Term of, 7813 '. . . . 149 



244 INDBX. 

Examiners — Concluded. PAGE 

Expenses of, 7835 I55 

Clerk of, shall make an annual report to the state commissioner, 7836... 155 

Bond of clerk of, 7836 : 155 

Compensation of clerk of, 7837 I55 

Who ineligible, 7812 I49 

Vacancies, 7814 I49 

Examiner of school accounts, 362 13 

Qualifications, powers, and duty, 362 13 

Duty of school officers in case of an examination, 363 , 14 

Report of, 364 14 

May require the services of the court stenographer, 365 14 

Compensation and mileage of, 366 14 

Examiners, state board of school, 7805-7810 147 

Examination for entering high school, 7740 122 

Preparation of questions of, by the state commissioner, 7741 122 

Examination, 

Fees for county, 7818 150 

Fees for state certificate, 7809 148 

Uniform system of, 7819 150 

Disposal of fee, 7820 ' 151 

Executive committee of county institute, 7863 164 

Expense, 

How paid, 1661 21 

Per caipta, 7736 121 

Expenses of detention home, 1671 24 

Expulsion of pupils, 7685 106 

Evening schools, attendance of persons more than twenty-one, 7680 104 

Failure to send child to school, 12974 131 

February settlement, apportionment to be made in, 7583 75 

Felony, when child is charged with, 1681 26 

Field agents, 7754 125 

Findings not lawful evidence, 1669 23 

Fines, 12984 138 

To be paid into school funds, 2607-9238 83 

Duty of county auditor as .to, 7612 83 

To be paid into school fund, 2605-2606 83 

Fire, dangers of, 12901 : 97 

Fire drills, neglect to instruct pupils in, 12900 97 

First grade high school, 7652 99 

Flag, official state, 28 9 

Floral emblem of the state, 29 10 

Forms, state commissioner of common schools shall prescribe, 357 12 

Forfeiture of bond, 1667 .- 23 

Fraudulent use of school fund's, 361 13 

Free schools, 7681 104 

Free school books, 7739 122 

Fraternity, 

Penalty for pupils joining a, 12906 105 

Suspension of pupils for belonging to, 12909 105 

Fugitives from justice, 1648 17 



INBEX. 245 

Fund, PAGE 

Common school, 7579 74 

Library, how provided and maintained, 7639 95 

Levy must be made for each, 7587 76 

Re-appropriation of surplus is established, 5655 89 

Repair of library, 7638 '. 94 

Sinking, 7613-7619 84 

Taxation for library, 7632 93 

Transfer of surplus and establish, 5655 89 

Funds, 7575-7619' 73 

Distribution of, after apportionment, 7601 73 

Disposition of a municipal university, 7675 108 

Counting of, 4767 57 

Of the treasurer must be delivered to the successor, 4773 59 

How apportioned in case of abandonment of special districts, 4744 46 

How divided, 7589 77 

How provide for union high school, 7671 '. 102 

To be retained by the county treasurer, 7584 76 

To whom paid when a district is in two counties, 7599 79 

When enumeration not taken, district not entitled to, 7802 145 

Gas and meters, inspector of by state sealer, 7970 198 

General Assembly, rate of levy shall be designated by, 7576 74 

General provision, 27-30 9 

Geology, collection of specimens of, for the Ohio State University, 7957 189 

German, may be taught when, 7729 119 

Graduates, diploma to be given to, 7656 99 

Grand list of taxable property of the state, 7575 78 

Hawkin's law, 7858-1 to 7858-8 (See Certificates) 160 

Health certificates, 7766 132 

Hearing in juvenile court, 1650 17 

High school. 

Admission of pupils to, 7667 101 

Any board of education may establish a, 7663 101 

Classified, 7651 99 

Defined, 7649 - 98 

Classification of high schools, 7753 125 

On campus of Ohio state university, 7950-1 ' 188 

Discontinuance thereof, 7664 101 

Information as to character of, 7660 100 

Funds, how provided, 7671 102 

Penalty for failure to give information to state commissioner, 7662.... 101 

First grade, 7652 99 

Second grade, 7653 99 

Third grade, 7653 99 

Union of districts for, 7669 102 

Transportation to, 7749 , - 124 

~ What shall constitute a, 7752 125 

High school certificate, 

Agriculture required after September 1, 1912, 7831 153 

Provisional, 7858-2 160 

High school .committee, 7670 102 



246 INDEX. 

High school inspectors, ^ page 

Duties, term and salary of, 7753 125 

Number, 7753 125 

High school graduates, admission of to municipal university, 7673 103 

Holidays, dismissal of school on, 7687 107 

Holidays, legal, 8301 107 

Home, how established, 1670 23 

Howe's historical collections of Ohio, purchase of by boards of education,' 7719 118 

Industrial school for girls, 1652 18 

Industrial school, juvenile court construction as to, 1680 26 

Infirmary, 

Cost of schools of, 7678 104 

Schools at, 7676 103 

Inspection of schools for the deaf, 7761 ; 127 

Institutes for city districts, 7871 165 

Institutes, state commissioner of common schools, superintendent of, 354.... 11 
Institute fund, 

When city fund to be paid into county fund, 7873 166 

Payment of to executive committee, 7864 ] 64 

Interest on sinking fund, payment of, 7618 85 

Investment of sinking, fund, 7615 84 

Irreducible debt, 7580 74 

Irreducible fund, 7575 ' 74 

Joint sub-districts, 4723-4725 40 

Abolished, 4723 40 

Map of attached territory, 4724 41 

When it is part of township having centralized school, 4725 = . 41 

Journal of juvenile court, 1641 15 

Judge, duty of to examiner, 367 14 

May commit care of child to suitable person , 19 

Judges of election of director, 4719 40 

Judgment of transfer, 4695 33 

Jurisdiction of juvenile court, 1642 15 

Jurisdiction of juvenile court terminates when, 1643 16 

Jurisdiction of judge of juvenile court, 1683-1 27 

Jurisdiction of mayors, 12984 138 

Jury, in second violation of compulsory education laws, 12987 138 

Jury trial in juvenile courts, 1651 18 

Juvenile disorderly persons, proceedings against, 7744 135 

Juvenile court, 1639-1683 15 

Appearance docket, 1641 19 

Affidavit for reversal, 1654-1 19 

Bail, 1665 23 

Costs, 1640 18 

Citation after hearing, 1658 21 

Construction of, as to industrial schools, 1680 22 

Duty of prosecuting attorney, 1664 22 

Fees and costs, how paid, 1682 27 

Journal of, 1641 15 

Jurisdiction of, 1642 15 

Jurisdiction of, terminates when minor becomes of age, 1643 16 

Jury trial, 1657 18 



INDEX. 247 

Juvenile court — Concluded. page 

Judge may commit child to care of probation officers 18 

Jurisdiction of the Judge of, 1683-1 27 

Hearing of, 1650 16 

Seal of, 1640 15 

Special room for, 1649 17 

This chapter to be liberally construed, 1683 27 

Juvenile disorderly persons, 7768 133 

Juvenile judge, writs to whom issued, 1660 21 

Juvenile judge, transfer of cases to, 1659 21 

Land for school purposes, appropriations of, 7623 88 

Levy, 

Amount to be certified to county auditor, 7594 78 

To be divided into four funds, 7587 76 

To meet payment of bonds, 5659 90 

Greater tax may be levied when, 7592 78 

Maximum for school purposes, 7591 78 

Funds raised from, how divided, 7589 77 

Of taxes for special schobl districts, 7588 76 

For sinking fund and interest, 5649-1 67 

Liability of treasurer relieved, 7609 82 

Legal holiday, 8301 , 107 

Library board, 

Powers of, 7637 , 94 

May acquire land, 7638 '. 94 

Library, 7642 95 

Board of education may contract with, for use of, 7641 95 

Appointment of board of trustees of, 7634 93 

Establishment of public, 7631 93 

Board of trustees of, 7634 93 

Number of trustees of, 7636 94 

Management of, 7635 91 

Eligibility of trustees, 7636 04 

Trustees, 7636 91 

Term of board of trustees of, 7634 93 

Repair fund of, 7638 91 

Libraries, 7631-7648 93 

Jointly owned by two or more school districts, 7633 0'^ 

Library fund, 

How provided and maintained, 7639 05 

Payment from, 7640. .■ , . . 05 

Taxation for, 7632 03 

Limit of issuer of bonds, 7630 , 

Limitation on tax levy, 5649-2 67 

Limitation on tax rate, 5649-1 — 5649-6 67 

Management of high school, 7665 ] n 1 

Manual training, powers of the board of education as to, 7722 118 

Manual to be issued, exceptions, 12904 OS 

Manual to be issued, 12905 OS 

Mass meeting to fix time for holding first election, 4739 44 

Mayors, jurisdictiori of, 12984. ..,.., 138 



248 liXDEX. 

Maximum page 

Amount of funds which treasure may hold, 4769 57 

Levy for school purposes, 7591 '. 78 

Rate insufficient, proceedings when, 5049-5 71 

Rate of taxation, 5649-3 , 67 

Miat^i university, 7939-7941 '. 185 

Declaration of policy of state with respect to, 7923 181 

Duty of standing committee on colleges and universities, 7941 186 

Tax levy for support of, 7924 182 

Normal school, tax levy for support of, 7927 183 

How tax levy shall not be expended, 7929 183 

Appointment of trustees, 7939 185 

Mileage of examiners, 306 14 

Medical inspection. 

Board of education may provide for, 7692 Ill 

Compensation of, 7693 HI 

Members of board of education, election of, 4838 62 

Members of city board of education, 

Shall fix number, 4700 34 

When elected, 4705 85 

Members of township board of education, compensation of, 4715 . 39 

Minors, 

Failure or neglect to support, 1635 20 

Penalty for fiailure to support, 1655 20 

Museum, 7643 95 

Municipal corporation tax 5649-3a 69 

Municipality, school district in newly created, 4687 31 

IMunicipal universities, 7902-7922 175 

Admission of high school graduates, 7674 103 

Account of receipts and expenditures of endowment fund, 7918 180 

Board of education to have control of property for educational purposes, 

7921 181 

Board of directors, deeds, by-laws, 7902; 176 

Board of directors may accept educational trust, 7915 179 

Citizens not to be charged' for admission of children, 7920 181 

City solicitor to act as attorney for board of, 7903 176 

Council may provide cite for, 7906 177 

Definition of, 7905 177 

Disposal of bonds, 7912 178 

Disposition of funds, 7675 103 

Exempt from taxation, 7615-1 179 

Grant changed, how, 7907 177 

How tust fund to be applied, 7717 179 

How funds invested, 7919 180 

Issue of bonds, 7911 178 

Powers of board of directors, 7902 175 

Powers of, 7910 178 

Power and control vested in directors, 7913 178 

Tax levy for support of, 7673 103 

Tax levied, 7908 -. 177 

Tax levy for, by board of education, 7922 181 

Trusteeship to vest in city, 7917 180 

When board o>f directors may confer degrees, 7904 ,. 176 

When board of directors may confer degrees, 7904 176 

When lew to be made, 7909 , 177 



INDEX. 249 

PAGE 

Names of nominees for board published, 4998 63 

Newly created village, election of board of education in, 4710 37 

"No" vote of board of education, 4752 , 51 

Nominees, names of for board published, 4998 63 

Nomination of candidates for board of education, 4997 62 

Normal schools, 7897-7901 " ' 173 

Normal schools, 7647 98 

Local tax to aid, 7889 ^. 172 

Question of local taxation to be submitted to vote, 7900 172 

When another election for local taxation ma}^ be held, 7901 172 

The two new ones, (House Bill 44) 173 

Non-resident pupil, 7682 106 

Non-support of minors, 1655 20 

Notice of election to raise the tax, 7593 78 

■When rate is insufficient, 5649-5a 71 

Of school elections, 4839 62 

Of election f or^ a director, 4718 39 

Of hearing of petition, 4694 32 

Oath of members of board of education and other officers, 4746 47 

Officers, 

Embezzlement by school, 12878 60 

Of existing special school district, shall hold, etc., 4735 44 

Ohio State reformatory, 1652 18 

Ohio State University, 7942-7944 186 

Appointment of trustees, term, compensation, 7942 186 

Annual report of the board of trustees, 7947 187 

Attorney general of the state to be the legal adviser of trustees, 7953.. 188 

Board of trustees may make rules and regulations, 7948 187 

Board of trustees may receive devices of lands, 7951 188 

Branches prescribed, 7955 189 

County schools in agriculture and domestic science, 7973 193 

Collections of specimens of geology, 7957 189 

Duties of board of trustees as to cereals, 7956 189 

Department of ceramics, 7958 189 

Declaration of policy of state with respect to, 7923 181 

Election of president, professors, and course of instruction, 7949 187 

Employment and duties of instructors in school of mines, 7963 190 

Establishment of a school mine, 7962 190 

Expert in department of ceramics, 7961 190 

Funds from sale of land script, 7971 193 

High school on campus of, 7950-1 188 

Instruction by mail, 7974 193 

Laboratory of the department of ceramics, 7960 190 

Lectures of, 7954 188 

Officers of the board of trustees, 7944 186 

Meetings of the board of trustees, 7946 187 

Property expenses of, 7950 188 

St3de and power of trustees', 7943 .• 186 

Special instruction in ceramics, 7959 189 

Tax levy for support of, 7929 182 

Title of land to be vested in the state, 7952 188 

Treasurer of the board of trustees, 7945 187 

Who admitted as pupils, 7954 ■. , ,,,...- ,..,,.,.,,. 188 



250 INDEX. 

PAGE 

Ohio University, 7932-7938 184 

Annual report, of, 7940 186 

Declaration of policy of state with respect to, 7923 181 

How tax levy shall not be expended, 7928 188 

Owner to receive deed for lands, 7933 184 

Levy and collection of state tax upon lands donated to, 7939 185 

Power of trustees, 7936 185 

Providing for sale of university lands, 7932 184 

Registry of deed for sale of land to be kept, 7935 184 

Tax collected from railroad companies, 793S 185 

Tax levies for support of, 7925 182 

Validity of deeds, 7934. 184 

Old books, purchase of, 7716 117 

Old text books, appropriation for buying, 7717 117 

Orphans' asylum, costs of schools of, 7678 104 

Orphans' asylum, schools at, 7676 ' 103 

Parental care, 1646 17 

Parents, 

May agree with institution for care of child, 1673 ; . 24 

Penalty for not sending minors to school, 12977 135 

Payments, , 

From library fund, 7640 95 

Of bonds of sinking fund, 7618. . . .- 85 

Penalty, 

For aiding delinquency, 1654 19 

For being interested in contracts, 12911 53 

For failure to make settlements by the treasurer, 4772 58 

For failure to support minors, 1655 20 

For not placing minors according to law, 1678 26 

Per capita expense, 7736 121 

Petition, 

To establish a special school district, 4729 42 

Notice of hearing on, 4694 32 

Transfer of territory on ; 32 

Poll'book subdistrict election, 4719 40 

Poll books for school elections, 5049 63 

Physical culture in schools, 7721 118 

Power to exchange bonds, 5657 90 

Powers, of probation officers, 1664 22 

Of library board, 7637 ; 94 

Of director of schools, 7695 Ill 

President of board of education, absence of, 4753 52 

Principal, 

May not act as sales agent of text hooks, 7718 118 

Failing to give notice of fraternity, 12907 . . . .' 105 

Probate Court, 

In juvenile cases, 1639 15 

Fees in establishing a special school district, 4733 33 

Jurisdiction exclusive in establishing a special school district, 4733 43 

Probation officers, 1662 21 

Appointment of, 1662 • 21 

Compensation of, 1662 21 

Puties and powers of, 1663 ^2 



INDEX. 251 

PAGE 

Proceedings against juvenile disorderly persons, 7744 135 

Proceedings when maximum rate insu^cient, 5649-5 71 

Probate judge, 

Duty of on filing of petition, 4731 43 

Procedure on hearing concerning a special school district, 4732 43 

Report of truant officer to, 7779 137 

Proceedings by, in cause of truancy, 7780' 137 

Cost of proceedings in case of truancy, 7781 137 

Professional certificate, 1823 151 

For city, 7846 167 

Renewable, 7823 151 

Defined, 7822 151 

Provisional high school certificate, 7858-2 160 

Provisional life certificates, 7858-6 • 162 

Professional school, who eligible to enter, 7659 100 

Process against boards, how served, 4760 54 

Provisions when depository ceases to act, 4784 61 

Proper parental care defined, 1646 : 17 

Property, how sold by a board of education, 4756 53 

Provisions in case of work house sentence, 1656 20 

Prosecuting attorney. 

Duty of to the examiner, 360 14 

Duty of in juvenile court, 1664 22 

As a member of the budget commission, 5649-3b 69 

To be counsel of school board, 4761 54 

Publishers, 

Violation of agreement by, of the sale of books, 7712 116 

State commissioner of common schools shall notify of maximum price, 

7710 115 

Filing and preservation of copies and prices of school books, 7709... 115 

Public elections, 4738-5121 62 

Public library, establishment of, 7631 93 

Pupils, 

Assignment of, 7684 106 

Conveyance of, 7730 120 

Expulsion of, 7684 106 

Efifect of removal from village or city, 7748 124 

Joining a fraternity, penalty of, 12906 105 

May be sent from one district to another, 7734 121 

Suspension for belonging to a fraternity or sorority, 12909 105 

Suspension of, 7685 106 

Vaccination of, 7686 106 

Transportation of, 7748 124 

Qualification of electors, 4861 ; 62 

Quorum of budget commissioners, 5649-3b 69 

Rate, 

Designated by general assembly, 7576 74 

Insufficient, proceedings when, 5649-5 71 

Maximum, 5649-3 67 

Real estate, exchange of by the board of education, 4758 54 

Re-districting shall not affect existing boards, 4707 36 

Records of proceedings of boards of education, 4754. ......,.., ....,,.,. 5§ 



253 INDEX. 

PAGE 

Record of state certificates, 7807 148 

Relative as teacher, 12932 54 

Regulating use of school houses, 7622 87 

Religious belief of home for children, 1679 26 

Remonstrance of a special school district, 4730 ^ 42 

Report, 7784-7793 140 

Annual statistical of clerk, 4775 59 

Annual report of Miami Unicersity, 7940 186 

Duty of county auditor as to school statistics, 7789 141 

Of county auditor to state commissioner of common schools, 355 12 

Contents of the board of education, 7799 144 

Compensation of auditor for making, 7793 142 

In what form to be made, 7788 141 

Further penalties against auditor for not making,- 7792 142 

Of field agents or visitors, 7754 125 

Penalty of auditor for failure to make, 7790 141 

Required of the state commissioner of common schools, 360 13 

Of the state commissioner of common schools, contents of, 360 13 

Of school examiners, 364 14 

Of sinking fund commissioner, 7617 85 

Schools for the deaf to the state commissioner of common schools, 7756. 126 

By superintendent and teachers, 7784. 140 

Special, by superintendent and teachers, 7785 ; 140 

Of secretary of county institute, 7865 164 

When auditor to appoint a person to make, 7791 142 

Teachers pay illegal without, 7786 140 

Of truant officer to probate judge, 7779 137 

Re-appropriation of surplus in established funds, 3655 ■ . . 89 

Requisites of bonds, 7627 91 

Reformatory, 

When child sent, costs of, 7776 136 

When inmates of children's home, committed to reformatory, 7775 136 

Resolution, what to contain, 7608 82 

Results of special election, 6649-5b 72 

Reversal, affidavit for in juvenile court, 1654-1 19 

Salary of teachers, 7595' ; 78 

Sales agent, who may not be, 7718 118 

Salt lands, interest upon, proceeds of, 7577 , ' 74 

School, 

Admission to professional, 7658 100 

Attendance at nearest, 7735 121 

Certificates as to grade, 7657 99 

Dismissal of on holidays, 7687 107 

Sufficient accommodations to be provided, 7738 122 

Attaching territory for, 4691 31 

Beginners at, 7681 104 

Board of education to make estimates of funds needed, 7668 102 

At children's home, orphans' asylums and infirmaries, 7676 103 

Control vested in board of education, 7690 108 

Director of city, 7694 Ill 

Elementary grade, 7655 99 

Evening, 7679 104 

Free, 7681 ,,.... 104 



INDEX. • 253 

School — Concluded. page 

Graded course of study of, 7645 97 

Management of, 7677 104 

Suspension of in sub-districts, 7730 120 

Attendance of, 7644-7761 96 

Cites, appropriations of land for, 7624 88 

Laws, distribution of, 356 12 

Library, 7642 95 

Year, month and week, 7689 107 

Property exempt form taxation, 4759 54 

Examiner's questions, divulging of, 12939 150 

Sub-district in cities, ballots in, 5034 47 

Tuberculosis, 7644-1 97 

Elections, notice of, 4839 62 

Elections, canvass of vote in, 5120 63 

For the deaf, 7755-7761 126 

For the deaf, appointment of teachers, 7759 126 

Establishment of schools for the education of the deaf, 7755 126 

For the deaf, how exepnse of school defrayed, 7757 126 

For the deaf, payment of expenses, 7758 126 

School funds, 7575-7619 73 

Apportionment of, by auditor of state, 7582 75 

Apportionment to be made in February settlement, 7583 75 

Apportionment of, when district is in two counties, 760O 79 

Bids for by banks, 7606 81 

Board of education to fix rate of taxation, 7586 76 

To be retained by county treasurer, 7584 76 

Districts containing less than two banks, 7607 82 

Depositing of upon competitive bidding, 7604 81 

School funds, when county line divides original surveyed township, 7602. 80 

When district contains two or more banks, 7605 81 

Personal liability of board members, 7611 83 

Supervisor of, 355 12 

Schools specially endowed, 7§87-7994 I97 

Accounts to be rendered by the trustees, 7993 v 198 

Contracts with board of education of district where school is located, 

7991 .' 198 

Filling vacancies in the board of trustees, 7989 197 

Oath and bond of trustees, 7988 I97 

Organization of board of trustees, 7988 197 

Powers and duties of trustees, 7990 198 

Removal of the trustees of, 7989 I97 

TerrAination of contract if school becomes sectarian, 7992 196 

Trustees of, 7987 ' I97 

Visitors, 7994 '. I99 

School books. 

Free, 7739 .' 122 

Filing and preservation of copies and prices of, 7709 , 115 

Maximum price of, 7710 II5 

School districts. 

City, 4680 29 

Classified, 4679 29 

In cities, contents of ballot, 5034 g3 

Libraries jointly owned by two or more school districts, 7633 93 



254 INDEX. 

School districts — Concluded. page 

In newly created municipality, 4687 31 

Special, 4684 H'.' 

Territory must be contiguous, 4685 30 

Township, 4(583 30 

Village, 4681 29 

In villages upon surrender of corporate powers, 4688 31 

School houses, 7620-7630 86 

Board of education shall furnish the necessary, 7666 lOl 

Direction for bidding and for letting contracts, 7623 87 

Display of U. S. flag on, 7621 87 

Powers and duties of boards of education, 7620 86 

Regulating use of, 7622 87 

School tax, 5649-3a 69 

Crediting of, on tuition, 7683 100 

Scientific temperance, 7723 118 

Duty of commissioner of common schools as to, 7727 119 

Examination of teachers in, 7726 119 

Instruction of teachers in, 7725 119 

Script fund, 7972 193 

Seal of the juvenile court, 1640 15 

Second grade high school, 7653 99 

Secretary of county institute, compensation of for making report, 7866 164 

Service, classified and unclassified, 7690-1 108 

Service fund, 7704 114 

Sentence, suspension of 23 

Sinking fund, 7575 74 

Sinking fund, 7587 76 

Sinking fund, 7613-7619 84 

Board of commission of, 7613 84 

Board of education to provide a, 7614 84 

Commissioners may issue refunding bonds, 7616 84 

Investment of, 7615 84 

Commissioners' report of, 7617 85 

Smith one percent tax law (See tax), 5649-1 to 5649-6 67 

Sorority, see fraternity, 21906 105 

Penalty for pupil joining a, 12906 105 

Special certificate, 7858-4 161 

Special course, 7772 134 

Special districts 45 

Abandonment of, 4741-44 45 

Conveyance of pupils in, 7732 120 

Election on abandonment of, 4741 ^' 45 

Special examiners in city districts, 7841 156 

Special meeting of the boards of education, 4751 51 

Special school districts, 4728-4744 42 

Special school district, 4728 42 

Special school district, 4684 .30 

Special school district. 

Abandonment of, 4744 46 

Board of education in, 4736 , 44 

Bond, 4730 30 

Costs, 4730 42 

Duty of probate judge on filing of petition, 4731 43 



INDEX. 255 

Special school district — Concluded. page 

Election in, 4738 44 

Election, by whom conducted, 4742 45 

Existing ones shall continue, 4734 43 

Existing districts shall continue, exception, 4734 43 

Form of ballot, 4743 45 

How established, 4729 42 

Levy of taxes for, 7588. 76 

Mass meeting to fix time for holding first election, 4739 44 

Number of members of board of education, 4736 44 

Officers of shall hold until elected, 4735 : 44 

Procedure upon hearing, 4732 43 

Remonstrance, 4730 ^42 

Result of election, 4743 45 

Tax valuation of one hundred thousand dollars, 4728 43 

Term of members of first board elected, 4740 44 

Where election to be held, 4742 45 

When a new district is created, 4737 44 

Special room for juvenile court, 1649 17 

State aid for school districts, 7596 79 

State aid, certain districts not entitled to, 7597 79 

State board of examiners, 7805-7810 147 

Compensation of examiners, 7810 148 

Their appointment, 7805 147 

Power to issue certificates, 7807 148 

State certificates may be revoked for cause, 7808 148 

State certificate, examination fees, 7809 148 

State commissioner of common schools, 

Annual report of, 360 '. 13 

Appointment of an examiner, 362 13 

Auditor to furnish abstract of enumeration to, 7803 .' 145 

Beginning of term of, 352 11 

Bond of, 353 11 

Certificate in regard to colleges and universities to be filed, 9923 210 

Certificate as to grade of school, 7661 100 

Contents of the report, 360 13 

Complaint to, of fraudulent use of school funds, 361 13 

County examiners shall make an annual report, 7836 155 

Duty of, 12903 98 

Duties of, 354 11 

Duty of when enumeration excessive, 7804 146 

Length of term of, 352 11 

May withhold his approval, 7661 100 

May hold county institute when, 7870 165 

Notices to, boards of education of prices of books, 7711 116 

Prepares questions for entering high school, 7740 122 

Prepares the examination questions, 7819 150 

Report of city institutes to, 7874 166 

Superintendents' institutes, 354 H 

Shall grade manuscripts, 7858-5 161 

When board of education fails to redistrict, 4701 35 

State examiners, 

Terms of, 7806 147 

Vacancies of, 7806 I47 



2C,b INDEX. 

State fire marshall, 12902 ■ 97 

Duty of, 12902 97 

State flag, 28 9 

State normal school, 

Location of, 7897 y 172 

Maintenance, control and instruction, 7898 172 

State sealer, 7965 191 

Expenses of 7969 192 

State sealer of weights and measures, inspection of gas and meters, 7970 193 

State common school fund, 7575 73 

Statistical report of board of education, 4775 69 

State universities, inspection of, account of, 7931 18-1 

State universities, generally, 7923-7931 ■ 181 

State imiversities, Ohio State, Ohio, and Miami, 7923 181 

Stenographer, 

For the examiner of school accounts, 365 14 

Shall receive no extra compensation, 365 14 

Sub-districts, 4716-4722 39 

Election of director in, 4714 39 

Terms of members in, 4702 ; . . 35 

Superintendent, board of education. 

May appoint, 7702 113 

May dismiss, 7702 II3 

Superintendent, 

Employment of, 7705 114 

Failure to give notice of a fraternity, 12907 105 

May not act as sales agent of text-books, 7718 118 

Powders and duties of, 7703 113 

Powers and duties of, 7706 114 

Report by, 7784 , 140 

Suspension of pupils, 7685 106 

Suspension of pupil for belonging to a fraternity or sorority, 12909.... 105 

Suspension of sentence, 1666 23 

Surplus of special tax, transfer of, 5654 89 

Swamp lands, proceeds of sale of, 7578 i 74 

How distributed, 7578 74 

Interest upon, 7577 74 

Tally, sheets, 

For school elections, 5049 68 

Of sub-district election, 4719 40 

Tax, 

A greater, may be levied when, 7592 78 

Budget commissioners, 5649-3b 69 

Blanks for, 5649-3a 69 

Budget, 5649-3a 68 

Emergencies, 5649-4 71 

. For commissioner of schools, rate designated by general assembly, 7576. 74 

For various purposes may be increased, 5649-3 68 

For various purposes may be decreased, 5649-3 68 

For county, 5649-3a 69 

For municipal corporation, 5649-3a 69 

Levy for sinking fund and interest, 5649-1 67 

Maximum rate of, 5649-3 67 



INDEX. ' ■ -' ^ 2^7 

Tax — Qjncluded. 

Results for an election for extra, 5649-5b 72 

Total not increased, 5649-3 , gg 

' When levies to be made, 5649-3a gg 

Taxes, 

Additional ballots for, 5649-5a 70 

Appropriations each fiscal half year, 5649-3d 70 

Levy of for special school districts, 7588 76 

Taxation, 

Board of education to fix rate of, 7586 7g 

Rate of when districts situated"^ in two or more counties, 7598^ [,,, 79 

School property exempt from, 4759 .*.'.".'" 64 

Tax levy. 

Five mills, 7672 , j^o 

For support of municipal university, 7673 203 

For the common school fund, 7575 70 

Limitation, 5649-2 -^ 

To pay bonds, 7628 ••.•••.....!....!!.......!.. " " 91 

Tax rate, limitation on, 5649-1-5649-6 67 

Teacher, 

Employing relative as, 12932 ! r. 

Employment of by board of education, 7705 " ' " ha 

Failing to give notice of a fraternity, 12907 ^..... 105 

Meaning of term, 7811 .",'.'.'."* igg 

Required to instruct pupils in fire drills, 12900 97 

Teachers' institutes, 7859-7874. 163 

Duties of custodians of, 7890 170 

Pay for attending, 7870 -ifiK 

Provisions for refunding, 7891 .'.'.'.'.'.'.",','.* 171 

Who custodians of, 7889 ,7^ 

Teachers' pensions, 7875 .„„ 

Amount of, 7883 ••" i ^ ."!!!.."!!.'!.""!!.' ! 169 

Election of board of trustees of, 7876 .'.'.'.".'.'.' 167 

Donation and bequests for, 7878 " ' * " jgo 

Investment of funds of, 7879 .'.!.'!"! 168 

Monthly certifications of deductions from salaries, 7888 170 

Payment of, 7879. '" J'" 

Provision for creation of fund for, 7877. . ^f>o 

Trustees of, 7875 7:^ 

Who entitled to, 7882 I69 

Who not entitled to, 7884 •..........[...... 169 

Teachers' pension fund. 

Insufficient to pay pensions, 7885 ■.7Q 

Heirs of deceased teachers entitled to half the amount paid, 7892 171 

Monthly payment to be made by board, 7894 ' 172 

Payment from contingent fund, 7895 171 

Pension exempt when, 7887 ' '"' ,„« 

Rules and regulations of, 7893 ......' I71. 

Transfer of existing funds, 7896 171 

Use of principal and income, 7886 ' * 270 

Teachers, 

Contracts shall not be void when, 5661 92 

Dismissal of, by board of education, 7700 113 

Dismissal of, for insufficient cause, 7708 " 215 



258 INDEX. 

Teachers — Concluded. page 

Instruction of, in scientific temperance, 7725 119 

General duties, 7707 114 

May receive pay for attending institute, 7870 165 

May be dismissed by board of education, 7665 101 

Minimum salary of, 7595 78 

Report by, 7785 140 

Resignation of, 7700 113 

Retirement and pension of, 7780 169 

Term of, 7691 110 

When pay illegal, 7786 141 

Teachers' special certificate, experience, 7832-1 154 

Teachers' special examination, notice of, 7832-1 154 

Temporary certificates, 7826 152 

For city teachers, 7849 158 

Term of members of city board of education, elected at large, 4703 35 

Terms of members of village board of education, 4709 37 

Term of members of first board elected, 4740. 44 

Terms of members in sub-districts, 4702 35 

Terms of teachers, 7691 110 

Territory, 

In two or more counties, transfer of, 4697 33 

Must be contiguous in a school district, 4685 30 

Territory transfer, 4692-4697 32 

Apportionment of funds in case of, 4696 .33 

From one school district to another, 4692 32 

On petition, 4693 32 

Text-books, 

Of whom ordered, 7714 117 

Five year term of, 7713 116 

Purchase of old, 7716 ' 117 

How determined, 7713 116 

Third grade high school, 7654 99 

Duty of board to graduates, 7748 124 

Time of ;filing affidavit, 1654-1 20 

Township board of education, 

Compensation of, 4715 39 

First election in township district, 4713 38 

Number of members, 4712 38 

Time of election, 4712 38 

Township commencement, 7742 122 

Expense of, 7746 ; 123 

Who to take part in, 7743 • 123 

Township high schools, management and control of, 7665 lOl 

Township school districts, 4712-4627 38 

Assignment of electors, in attached territory for school purposes, 4714.. 39 

Divisions into sub-districts, 4716 39 

Township tax, 5649-3a 69 

Transportation of pupils, 7748 124 

To high school, 7749 124 

Transfer, 

Apportionment of funds in case of, 4696 33 

Costs of, 4695 33 

Judgment of, 4695 33 

Surplus of special tax, 5654 8^ 



INDEX. 259 

PAGE 

Transfer of territory, 4692-4697 32 

From one school district to another, 4691 31 

On petition, 4693 32 

Situated in two or more counties, 4697 33' 

Transfer of cases to juvenile judge, 1659 21 

Treasurer and clerk, 4763-4784 56 

Treasurer of school funds, 4763 56 

Account of, 4780 60 

Additional sureties or new bond, 4765 57 

Approval of bond, 4756 57 

Annual settlement by, with county auditor, 4770 58 

Bond of, 4764 56 

Compensation of, 4781 60 

Compensation for making settlement, 4771 58 

Counting of funds, 4767 57 

Filing of bond, 4766 ' 57 

Length of term of, 4763 56 

Liability of, relieved, 7609 , 82 

Maximum amount of funds which he may hold, 4769 57 

May pay money when, 4768 57 

May receive money when, 4768 57 

Must deliver funds to successor, 4773 59 

Must keep account, 4778 .' 60 

Penalty for failure to make settlement, 4772 58 

Provisions when depositary ceases to act, 4784 61 

When duties of, shall be performed by clerk, 4783 61 

When he may be dispensed with, 4782 60 

Trial, 1654-1 . ; 20 

Transcript, 1654-1 20 

Truancy, 

Proceedings by the probate judge in case of, 7780 137 

Proceedings in case of, 7773 135 

Truant officer, 7769. 133 

Appointment of, 7769 133 

Duties of, 7771 133 

Banks for the report to, of principal and teachers, 7772 134 

Powers of, 7770 133 

Records kept by, 7771 134 

Report to, of principal and teachers, 7772 134 

Relief to enable child to attend school, 7777 136 

Report to probate judge, 7779 137 

Tuberculosis school, 7644-1 97 

Tuition, 

Crediting of school tax on, 7683 106 

How paid, 7751 , 125 

In different state universities, 7930 183 

Tuition fund, 7587 76 

Trustees of library may acquire land, 7638 94 

Unclassified service, 7690-1 108 

University, tax levy for support of, municipal, 7673 103 

Universities, inspection of accounts of state, 7931 185 

Universities, (see colleges and universities) 200 

Union of districts for high school purposes, 7669 102 



26o INDEX. 

PAGE 

Validity of profession certificates, 7847 157 

Village districts, conveyance of pupils in, 7733 120 

Visitors, 7754 125 

Vacancies in board of education, how filled, 4748 48 

Vaccination of pupils, 7686 106 

Village, 

Annexation of territory to, 4690 31 

Village boards of education, 

Prosecuting attorney the legal adviser of, 4761 64 

Election in newly created village, 4710 37 

Number of members of, 4708 37 

Terms of members chosen at first election, 4709 37 

Time of election, 4708 37 

Village school district, 4708-4711 37 

Village school district, 4681 29 

Change of classification upon advancement or reduction, 4686 80 

Must have a tax valuation of one hundred thousand dollars, 4682 30 

Vote to organize, 4682 30 

Vote to organize village school district, 4682 30 

Vote, women may when, 4682 62 

Voting purposes, assignment of electors, in attached territory for, 4711 37 

Ward, child becomes one when, 1672 24 

Warrant 17 

Water supply, free for certain purposes, 3963 27 

Weak school districts, state aid for, 7596 79 

Weights and measures. 

Device on county standards, 7967 192 

Copies of standards for use of counties, 7966 192 

Copies to be furnished cities and villages, 7868 192 

Classification of false, 7965-1 192 

Must be compared every three years, 7965 191 

Wilberforce university, 7975-7986 194 

Annual report and estimate of appropriation, 7984 195 

Board of trustees of, 7976 194 

Bond of the treasurer of the industrial department, 7983 195 

Choosing of trustees by university board, 7977 194 

Designation of pupils by members of the general assembly, 7985 195 

Expenses of board of trustees, 7980 194 

Levy for, 7986 195 

Meeting of trustees, 7980 194 

Names of trustees to be certified to the governor, 7979 184 

Normal and industrial department, 7975 194 

Non-sectarian, character of industrial department, 7982 195 

Powers and duties of trustees, 7981 195 

Vacancies in the board of trustees, how filled, 7978 194 

Workhouse sentence, 1656 20 

Women, 

Registration of, 4940 62 

Suffrage when, 4862 62 

Writs, to whom issued, 1660 21 

Year school, 7689 107 



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